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GREENBAUM v. U.S. E.P.A.

No. 01-3132.

370 F.3d 527 (2004)

Robert GREENBAUM, Petitioner, Sierra Club, Intervenor, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and Michael O. Leavitt, Administrator, United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 3, 2004.

Attorney(s) appearing for the Case

Keri N. Powell (argued), Earthjustice Legal Defense Fund, Washington, D.C., for Petitioner/Intervenor.

Christopher B. Peak (argued and briefed), United States Department of Justice, Washington, D.C., for Respondent.

J. Todd Hutchins, David S. Baron (briefed), Earthjustice Legal Defense Fund, Washington, D.C., for Petitioner.

Before BOGGS, Chief Judge; and GUY and DAUGHTREY, Circuit Judges.

BOGGS, Chief Judge.

The Environmental Protection Agency ("EPA") redesignated Cuyahoga County, Ohio (hereinafter "Cleveland") from nonattainment to attainment for particulate matter, specifically for particles known as PM10 (particles smaller than 10 microns in diameter), on December 11, 2000. This was done pursuant to § 107(d)(3)(E) of the Clean Air Act, 42 U.S.C. § 7407(d)(3)(E). Robert Greenbaum, a Cleveland resident and Sierra Club...

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