SOUTH COAST AIR QUALITY MANAGEMENT DIST. v. E.P.A.

Nos. 04-1200, 04-1201.

489 F.3d 1245 (2007)

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent National Environmental Development Association's Clean Air Regulatory Project, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

June 8, 2007.


Attorney(s) appearing for the Case

David S. Baron, Barbara B. Baird, Adam Babich, Ann B. Weeks, and Jonathan F. Lewis were on the petition for rehearing filed by the Environmental Petitioners and South Coast Air Quality Management District and the response to the petition for rehearing filed by the Environmental Protection Agency.

John C. Cruden, Deputy Assistant Attorney General, U.S. Department of Justice, David J. Kaplan and Natalia T. Sorgente, Attorneys, and Jan M. Tierney, Attorney, U.S. Environmental Protection Agency were on the petition for rehearing filed by the Environmental Protection Agency.

Martha Coakley, Attorney General, Attorney General's Office of Commonwealth of Massachusetts, William L. Pardee, Assistant Attorney General, Richard Blumenthal, Attorney General, Attorney General's Office of the State of Connecticut, Kimberly Massicotte and Matthew Levine, Assistant Attorneys General, Joseph R. Biden, III, Attorney General, Attorney General's Office of the State of Delaware, Valerie S. Csizmadia, Deputy Attorney General, G. Steven Rowe, Attorney General, Attorney General's Office of the State of Maine, Gerald D. Reid, Assistant Attorney General, Andrew M. Cuomo, Attorney General, Attorney General's Office of the State of New York, Barbara Underwood, Solicitor General, David A. Munro and Lisa S. Kwong, Assistant Attorneys General, Robert A. Reiley, Counsel, Commonwealth of Pennsylvania, Department of Environmental Protection, Linda Singer, Attorney General, Attorney General's Office of the District of Columbia, Todd S. Kim, Solicitor General, Edward S. Schwab, Deputy Solicitor General, and Donna M. Murasky, Senior Litigation Counsel, were on the response of petitioner Commonwealth of Massachusetts, et al., to the petition for rehearing filed by the Environmental Protection Agency.

Charles H. Knauss, Robert V. Zener, and Robert S. Taylor were on the petition for rehearing filed by the Industry Petitioners.

Norman W. Fichthorn and Lucinda Minton Langworthy were on the petition for rehearing filed by Intervenor-Respondents American Chemistry Council, et al.

Before: HENDERSON, ROGERS and BROWN, Circuit Judges.


ROGERS, Circuit Judge.

Before the court are five petitions for rehearing1 with regard to the vacatur and remand of a final rule implementing the eight-hour national ambient air quality standard ("NAAQS") for ozone under the Clean Air Act ("the CAA"), 42 U.S.C. § 7401 et seq. See Final Phase 1 Rule To Implement the 8-Hour Ozone NAAQS, 69 Fed.Reg. 23,951 (Apr. 30, 2004) (codified at 40 C.F.R. parts 40, 51, 81) ("2004 Rule")....

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