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CRETE CARRIER CORP. v. E.P.A.

Nos. 02-1089, 02-1223 and 03-1053.

363 F.3d 490 (2004)

CRETE CARRIER CORPORATION, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and Christine Todd Whitman, Administrator, Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 9, 2004.

Attorney(s) appearing for the Case

David P. Novello argued the cause and filed the briefs for petitioners.

Eileen T. McDonough, Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief was Michael J. Horowitz, Attorney, U.S. Environmental Protection Agency.

Before: GINSBURG, Chief Judge, and SENTELLE and HENDERSON, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

Operators of five large-haul truck fleets challenge the Environmental Protection Agency's refusal to reconsider the 2004 Standard for nitrous oxide (NOx) and non-methane hydrocarbon (NMHC) emissions from "heavy heavy-duty" diesel engines. Because the Trucking Companies have failed to show their injury is fairly traceable to the 2004 Standard...

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