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ENVIRONMENTAL DEFENSE, INC. v. E.P.A.

No. 06-1164.

509 F.3d 553 (2007)

ENVIRONMENTAL DEFENSE, INC., et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and Stephen L. Johnson, Administrator, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 2007.

Attorney(s) appearing for the Case

Robert E. Yuhnke argued the cause for petitioners. With him on the briefs was Joanne M. Spalding.

David J. Kaplan, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief was John C. Cruden, Deputy Assistant Attorney General.

Before: GINSBURG, Chief Judge, and ROGERS and BROWN, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Environmental Defense, Inc., the Natural Resources Defense Council, and the Sierra Club petition for review of a final rule promulgated by the Environmental Protection Agency to regulate "hot spot" analyses undertaken as part of the transportation conformity determinations required by the Clean Air Act ("CAA"). See PM2.5 and PM10

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