NATURAL RESOURCES DEFENSE COUNCIL, Petitioner
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent
National Petrochemical & Refiners Association, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 20, 2008.
Decided July 10, 2009.
Attorney(s) appearing for the Case
David S. Baron argued the cause and filed the briefs for petitioner, Natural Resources Defense Council.
Anne Milgram, Attorney General, Attorney General's Office of the State of New Jersey, and Maurice A. Griffin, Deputy Attorney General, were on the briefs for petitioner, State of New Jersey.
Kevin P. Auerbacher, Assistant Attorney General, entered an appearance.
Frank S. Craig III, John B. King, Steven J. Levine, and Patrick O'Hara were on the briefs for petitioners, The Chamber of Greater Baton Rouge, et al. Geraldine E. Edens entered an appearance.
Andrew Cuomo, Attorney General, Attorney General's Office of the State of New York, Morgan A. Costello and Michael J. Myers, Assistant Attorneys General, Richard Blumenthal, Attorney General, Attorney General's Office of the State of Connecticut, and Kimberly P. Massicotte, Assistant Attorney General, were on the briefs for intervenors the States of New York and Connecticut in support of petitioner.
Charles H. Knauss and Sandra P. Franco were on the briefs for intervenor National Petrochemical & Refiners Association in support of petitioner Natural Resources Defense Council.
Brian H. Lynk, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were John C. Cruden, Deputy Assistant Attorney General, and Diane E. McConkey, Counsel, U.S. Environmental Protection Agency.
Norman W. Fichthorn and Lucinda M. Langworthy were on the brief for intervenor, Utility Air Regulatory Group in support of respondents. Allison D. Wood entered an appearance.
Charles H. Knauss was on the brief for intervenors National Petrochemical & Refiners Association and American Petroleum Institute in support of respondents. Martha E. Cox and Stacy R. Linden entered appearances.
Opinion concurring in part and dissenting in part filed by Circuit Judge ROGERS.
United States Court of Appeals, District of Columbia Circuit.
PER CURIAM:
In 1997, the EPA revised the National Ambient Air Quality Standard (NAAQS) for ozone from a 1-hour standard to an 8-hour standard. These consolidated petitions for review challenge aspects of the Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard — Phase 2, 70 Fed.Reg. 71,612 (2005) (Phase 2 Rule), and Phase 2 of the Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard — Notice of Reconsideration...
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