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OHIO PUBLIC INTEREST RESEARCH v. WHITMAN

Nos. 02-3805, 02-4116.

386 F.3d 792 (2004)

OHIO PUBLIC INTEREST RESEARCH GROUP, INC.; Glenn Landers, Petitioners, v. Christine Todd WHITMAN, Administrator of the United States Environmental Protection Agency; United States Environmental Protection Agency, Respondents, State of Ohio, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 21, 2004.

Attorney(s) appearing for the Case

ARGUED: Keri N. Powell, Earthjustice Legal Defense Fund, Washington, DC, for Petitioners. David S. Gualtieri, United States Department of Justice, Washington, DC, for Respondents. ON BRIEF: Keri N. Powell, Earthjustice Legal Defense Fund, Washington, DC, for Petitioners. David S. Gualtieri, United States Department of Justice, Washington, DC, Kerry E. Rodgers, U.S. Environmental Protection Agency, Office of the General Counsel, Washington, DC, for Respondents. Douglas A. Curran, J. Randall Engwert, Office of the Attorney General, Columbus, OH, for Intervenor.

Before: SUHRHEINRICH, BATCHELDER, and COLE, Circuit Judges.

OPINION

COLE, Circuit Judge.

Petitioner-Appellant Ohio Public Interest Research Group ("Ohio PIRG") seeks review of the Environmental Protection Agency's ("EPA") decision not to issue a notice of deficiency to the Ohio Environmental Protection Agency ("OEPA") in response to Ohio PIRG's comments concerning the OEPA's implementation of Title V of the Clean Air Act, 42 U.S.C. §§ 7661— 7661f("CAA" or "the Act"). Ohio PIRG appeals: (1) the EPA...

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