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NATURAL RESOURCES DEFENSE COUNCIL v. E.P.A.

Nos. 07-1151, 08-1057.

559 F.3d 561 (2009)

NATURAL RESOURCES DEFENSE COUNCIL, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. American Farm Bureau Federation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 20, 2009.

Attorney(s) appearing for the Case

Colin C. O'Brien argued the cause for petitioner. With him on the briefs was John Walke.

Joshua M. Levin, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was John C. Cruden, Deputy Assistant Attorney General.

Peter S. Glaser argued the cause for intervenor. With him on the brief were Norman W. Fichthorn, Julie Anna Potts, and Harold P. Quinn Jr. Richard E. Schwartz entered an appearance.

Opinion concurring in part and dissenting in part filed by Circuit Judge ROGERS.

RANDOLPH, Circuit Judge:

State authorities submit air pollution emissions data to the Environmental Protection Agency. EPA monitors the data in order to evaluate regional compliance with national air pollution standards. In 2007, EPA promulgated a regulation governing the exclusion of emissions data during "exceptional events" such as natural disasters. The Natural Resources Defense Council (NRDC) brought petitions for review, seeking to set aside the rule's definition...

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