CATAWBA COUNTY, NORTH CAROLINA, et al., Petitioners
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent
Sierra Club, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 6, 2009.
Decided July 7, 2009.
Attorney(s) appearing for the Case
Marc D. Machlin argued the cause and filed the briefs for petitioner Oakland County, MI.
Louis E. Tosi argued the cause for Industry Petitioners. With him on the briefs were Paul E. Gutermann, Charles L. Franklin, Douglas A. McWilliams, Allen A. Kacenjar, Michael E. Born, Cheri Ann Budzynski, Gale Lea Rubrecht, Kathy G. Beckett, David M. Flannery, and Edward L. Kropp.
Andrew M. Cuomo, Attorney General, Attorney General's Office of the State of New York, Michael J. Myers and Jacob Hollinger, Assistant Attorney Generals, Mark Rudolph, Senior Counsel, Office of Legal Services, West Virginia, Steve Carter, Attorney General, Attorney General's Office of the State of Indiana, Steve D. Griffin and Valerie Tachtiris, Deputy Attorneys General, and Thomas M. Fisher, Special Counsel, were on the briefs of State Petitioners.
Karma Barsam Brown, Phillip L. Conner, Ronald E. Cardwell, Ethan R. Ware, George William House, S. Kyle Woosley, and Lewis S. Wiener were on the briefs for County Petitioners.
Laurel A. Bedig and Monica Derbes Gibson, Attorneys, and Jon M. Lipshultz, Senior Counsel, U.S. Department of Justice, argued the cause for respondent. With them on the brief were John C. Cruden, Deputy Assistant Attorney General, Jessica O'Donnell, Attorney, and Geoffrey L. Wilcox, Counsel, U.S. Environmental Protection Agency. Kenneth C. Amaditz, Attorney, U.S. Department of Justice, entered an appearance.
David S. Baron and Jennifer C. Chavez were on the brief for intervenor. Howard I. Fox entered an appearance.
Opinion for the Court filed PER CURIAM.
United States Court of Appeals, District of Columbia Circuit.
PER CURIAM:
In these consolidated petitions, several states, counties, and industrial entities challenge the Environmental Protection Agency's promulgation of area designations for the annual national ambient air quality standard applicable to fine particulate matter, a category of air pollutants consisting of miniscule airborne particles known to present adverse health risks. Insisting that EPA's methodology for designating areas as "nonattainment" for the fine particulate...
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