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LOUISIANA ENVIRONMENTAL ACTION v. U.S. E.P.A.

No. 02-60991.

382 F.3d 575 (2004)

LOUISIANA ENVIRONMENTAL ACTION NETWORK, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Michael O. Leavitt, Administrator, United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Fifth Circuit.

September 8, 2004.

Attorney(s) appearing for the Case

John Timothy Suttles, Jr., Tulane University Environmental Law Clinic, Adam Lawrence Babich (argued), Tulane University School of Law, New Orleans, LA, for Petitioner.

David A. Carson (argued), U.S. Dept. of Justice, Denver, CO, Michael James Boydston, U.S. EPA, Dallas, TX, Michael O. Leavitt, U.S. EPA, Washington, DC, for Respondents.

Kyle B. Beall, Maureen Noonan Harbourt, Charles Simon McCowan, III, Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Baton Rouge, LA, for Louisiana Chemical Ass'n, Intervenor.

Before BARKSDALE, EMILIO M. GARZA and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

The Louisiana Environmental Action Network ("LEAN") petitions for review of several final rules by the Environmental Protection Agency ("EPA"), pursuant to the Clean Air Act ("CAA" or "the Act"), 42 U.S.C. § 7401, et seq., approving revisions to the state implementation plans for ozone in the Baton Rouge, Louisiana area. Previously, in Sierra Club v. EPA, 314 F.3d 735, 741 (5th Cir.2002...

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