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NEW YORK v. ENVIRONMENTAL PROTECTION AGENCY

Nos. 03-1016, 03-1040, 03-1045, 03-1033, 03-1041, 03-1046, 03-1036, 03-1044, 03-1047, 03-1048.

431 F.3d 801 (2005)

State of NEW YORK, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent NSR Manufacturers Roundtable, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

December 9, 2005.

Attorney(s) appearing for the Case

Robert Anthony Reiley, Dept. of Environmental Resources, Bureau of Reg. Counsel Commonwealth of Pennsylvania, Harrisburg, PA, James M. Stuhltrager, James Robert May, Mid-Atlantic Environmental Law Center, Wilmington, DE, William M. Dillon, County Counsel's Office of Santa Barbara, Santa Barbara, CA, Robert N. Kwong, County Counsel's Office of Ventura, Ventura, CA, Kathrine Currie Pittard, Sacramento Metropolitan Air Quality Management Division, Sacramento, CA, Philip M. Jay, San Joaquin Valley Unified Air Pollution Control District, Fresno, CA, David Preston Schott, Monterey Bay Unified Air Pollution Control District, Monterey, CA, Leslyn K. Syren, Steven M. Basha, for Petitioners.

Norman Louis Rave, Jr., John Charles Cruden, Assistant Attorney General, Lois Godfrey Wye, U.S. Department of Justice, (DOJ) Environment and Natural Resources, Angeline Purdy, U.S. Department of Justice (DOJ) Environmental Defense Section, Washington, DC, for Respondent.

Before: ROGERS and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

ORDER

PER CURIAM.

Upon consideration of the petition of the Utility Air Regulatory Group ("UARG") for rehearing filed August 8, 2005; the petitions of the Clean Air Implementation Project ("CAIP") and the Environmental Protection Agency ("EPA") for rehearing filed August 8, 2005, and the responses thereto; and the motion of the State of North Dakota for leave to file a response to the petitions of CAIP and EPA, and the lodged response, it is

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