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INDEPENDENT EQUIPMENT DEALERS ASS'N v. E.P.A.

No. 03-1020.

372 F.3d 420 (2004)

INDEPENDENT EQUIPMENT DEALERS ASSOCIATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Engine Manufacturers Association, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 2004.

Attorney(s) appearing for the Case

William R. Weissman argued the cause for petitioner. On the briefs were LeAnn M. Johnson-Koch and James P. Rathvon.

Laurel A. Bedig, Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief was Michael J. Horowitz, Attorney, U.S. Environmental Protection Agency.

Jed R. Mandel and Timothy A. French were on the brief for intervenor.

Before: ROGERS, GARLAND, and ROBERTS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROBERTS.

ROBERTS, Circuit Judge:

Petitioner Independent Equipment Dealers Association (IEDA) is a trade association of independent dealers of heavy construction and industrial equipment, such as cranes, large forklifts, and generators. IEDA dealers are "independent" in the sense that they are not affiliated with any manufacturer. In December 2002, IEDA wrote to EPA seeking EPA's concurrence in its interpretation...

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