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NORTH CAROLINA v. E.P.A.

Nos. 05-1244, 05-1246, 05-1249, 05-1250, 05-1251, 05-1252, 05-1253, 05-1254, 05-1256, 05-1259, 05-1260, 05-1262, 06-1217, 06-1222, 06-1224, 06-1226, 06-1227, 06-1228, 06-1229, 06-1230, 06-1232, 06-1233, 06-1235, 06-1236, 06-1237, 06-1238, 06-1240, 06-1241, 06-1242, 06-1243, 06-1245, 07-1115.

550 F.3d 1176 (2008)

State of NORTH CAROLINA, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Utility Air Regulatory Group, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

December 23, 2008.

Attorney(s) appearing for the Case

James C. Gulick, Marc D. Bernstein, John C. Evans, J. Allen Jernigan, Attorney General's Office of State of North Carolina, North Carolina Department of Justice, Raleigh, NC, for Petitioner.

Norman Louis Rave, Jr., U.S. Department of Justice, John Charles Cruden, Assistant Attorney General, (DOJ) Environment & Natural Resources Division, Steven E. Silverman, Geoffrey L. Wilcox, U.S. Environmental Protection Agency (EPA) Office of General Counsel, Washington, DC, for Respondent.

Norman William Fichthorn, Allison D. Wood, Hunton & Williams LLP, John Duval Walke, Esq., Natural Resources Defense Council, Sean H. Donahue, Law Office of Sean H. Donahue, Claudia Margaret O'Brien, Nathan Harold Seltzer, Latham & Watkins LLP, Peter S. Glaser, Troutman Sanders, LLP, Harold Patrick Quinn, Jr., National Mining Associaton, Washington, DC, C. Grady Moore, III, Philip Stephen Gidiere, III, Balch & Bingham, Birmingham, AL, Vickie Lynn Patton, Environmental Defense Fund, Boulder, CO, for Intervenors.

Opinion concurring in part filed by Circuit Judge ROGERS.

PER CURIAM:

In these consolidated cases, we considered petitions for review challenging various aspects of the Clean Air Interstate Rule ("CAIR"). On July 11, 2008, we issued an opinion, in which we found "more than several fatal flaws in the rule." North Carolina v. EPA, 531 F.3d 896, 901 (D.C.Cir.2008) (per curiam). In light of the fact that the Environmental Protection Agency ("EPA") adopted CAIR as an integral action, we...

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