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SIERRA CLUB v. ENVIRONMENTAL PROTECTION AGENCY

Nos. 03-1084, 03-1103, 03-1115 & 03-1152.

356 F.3d 296 (2004)

SIERRA CLUB, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and Michael O. Leavitt, Administrator, U.S. Environmental Protection Agency, Respondents. State of Maryland, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 3, 2004.

Attorney(s) appearing for the Case

David S. Baron argued the cause and filed the briefs for petitioner.

Cynthia J. Morris, Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief were Howard J. Hoffman and Sara Schneeberg, Attorneys.

Kathy M. Kinsey, Assistant Attorney General, State of Maryland, argued the cause for intervenors State of Maryland, et al. With her on the brief were J. Joseph Curran, Jr., Attorney General, Robert J. Spagnoletti, Corporation Counsel, District of Columbia, Edward E. Schwab, Acting Deputy Corporation Counsel, Donna M. Murasky, Senior Litigation Counsel, Jerry Kilgore, Attorney General, Commonwealth of Virginia, Roger L. Chaffe, Senior Assistant Attorney General, and Carl Josephson, Assistant Attorney General.

Before: SENTELLE, HENDERSON, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

In these consolidated cases, Sierra Club challenges two final actions of the Environmental Protection Agency (EPA) regarding ozone control plans for the Washington, D.C. area. Those plans were designed to bring the area into compliance with ozone standards prescribed by the Clean Air Act and EPA regulations. Sierra Club contends that EPA violated the Act by giving conditional approval...

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