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BLUEWATER NETWORK v. E.P.A.

Nos. 03-1003 to 03-1005, 03-1249.

370 F.3d 1 (2004)

BLUEWATER NETWORK, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and Christine Todd Whitman, Administrator, U.S. Environmental Protection Agency, Respondents. International Snowmobile Manufacturers Association, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 2004.

Attorney(s) appearing for the Case

James S. Pew argued the cause for petitioners Bluewater Network and Environmental Defense. With him on the briefs was Jennifer R. Kefer.

Eric B. Wolff argued the cause for petitioner International Snowmobile Manufacturers Association. With him on the briefs were Stuart A. Drake and Granta Y. Nakayama.

Stephen E. Crowley and Kent E. Hanson, Attorneys, U.S. Department of Justice, argued the cause for respondents. With them on the brief were John C. Cruden, Deputy Assistant Attorney General, and Michael J. Horowitz, Attorney, U.S. Environmental Protection Agency.

James S. Pew and Jennifer R. Kefer were on the brief for intervenors Bluewater Network and Environmental Defense.

Stuart A. Drake, Granta Y. Nakayama, and Eric B. Wolff were on the brief for intervenor International Snowmobile Manufacturers Association.

Before: EDWARDS, SENTELLE, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

In November 2002, the Environmental Protection Agency ("EPA" or "Agency") issued a final rule establishing emissions standards for snowmobiles and certain other "nonroad" vehicles. See Control of Emissions From Nonroad Large Spark-Ignition Engines, and Recreational Engines (Marine and Land-Based), 67 Fed.Reg. 68,242 (Nov. 8, 2002). The snowmobile standards at issue...

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