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KENTUCKY RESOURCES COUNCIL, INC. v. E.P.A.

No. 05-4349.

467 F.3d 986 (2006)

KENTUCKY RESOURCES COUNCIL, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 20, 2006.

Attorney(s) appearing for the Case

ARGUED: Thomas J. FitzGerald, Kentucky Resources Council, Frankfort, Kentucky, for Petitioner. David A. Carson, United States Department of Justice, Denver, Colorado, for Respondent. ON BRIEF: Thomas J. FitzGerald, Kentucky Resources Council, Frankfort, Kentucky, for Petitioner. David A. Carson, United States Department of Justice, Denver, Colorado, for Respondent.

Before COOK and McKEAGUE, Circuit Judges; WILHOIT, District Judge.

OPINION

WILHOIT, District Judge.

Petitioner, Kentucky Resources Council, seeks review of the EPA Administrator's final rulemaking action approving revisions to the Kentucky State Implementation Plan ("SIP"). Under the revisions, Kentucky was allowed to move its vehicle inspection and maintenance ("I/M") program for three Northern Kentucky counties from the active or "regulatory" portion of its SIP under the Clean Air Act to the contingency measures portion...

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