SIERRA CLUB v. E.P.A.

Nos. 03-2839, 03-3329.

375 F.3d 537 (2004)

SIERRA CLUB, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Intervening Respondents: State of Illinois; State of Missouri

United States Court of Appeals, Seventh Circuit.

Decided July 6, 2004.


Attorney(s) appearing for the Case

Douglas R. Williams (argued), St. Louis University, Kathleen G. Henry, Bruce A. Morrison, Great Rivers Environment Law Center, St. Louis, MO, for Petitioner.

David A. Ullrich, E.P.A., Office of the Regional Counsel, Chicago, IL, Eileen T. McDonough (argued), Department of Justice, Environmental & Natural Resources Div., Washington, DC, for Respondent.

Mary E. Welsh, Office of the Attorney General, Chicago, IL, Timothy P. Duggan, Jefferson City, MO, for Intervenor.

Before EASTERBROOK, KANNE, and ROVNER, Circuit Judges.


EASTERBROOK, Circuit Judge.

Changes to the environmental laws in 1990 reduced the allowable levels of ozone pollution and set deadlines for attainment. Clean Air Act Title I, Part D, subpart 2, 42 U.S.C. §§ 7511 to 7511f. The St. Louis metropolitan area, initially classified as a "moderate" nonattainment zone, had until November 15, 1996, to comply. 42 U.S.C. § 7511(a)(1). A moderate jurisdiction that missed this deadline was to be reclassified automatically...

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