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NORTH CAROLINA v. E.P.A.

No. 08-1225.

587 F.3d 422 (2009)

State of NORTH CAROLINA, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Environmental Protection Division, Department of Natural Resources, State of Georgia and Georgia Coalition for Sound Environmental Policy, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 24, 2009.

Attorney(s) appearing for the Case

Marc D. Bernstein, Special Deputy Attorney General, North Carolina Department of Justice, argued the cause for petitioner. With him on the briefs were Roy Cooper, Attorney General, and James C. Gulick, Senior Deputy Attorney General, and Allen Jernigan, Special Deputy Attorney General.

Perry M. Rosen, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were John C. Cruden, Acting Assistant Attorney General, and Sonja Rodman, Counsel, U.S. Environmental Protection Agency. David S. Gualtieri, Attorney, U.S. Department of Justice, entered an appearance.

Margaret Claiborne Campbell argued the cause for intervenor Georgia Coalition for Sound Environmental Policy, Inc. in support of respondent. With her on the brief was Byron W. Kirkpatrick.

Thurbert E. Baker, Attorney General, and John E. Hennelly and Diane L. DeShazo, Senior Assistant Attorneys General, were on the brief for intervenor Georgia Environmental Protection Division, Department of Natural Resources, State of Georgia.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The State of North Carolina petitions for review of the final rule of the Environmental Protection Agency removing the northern part of the State of Georgia from EPA's regulations under its national ambient air quality standard ("NAAQS") for ozone measured during a one-hour period. See Petition for Reconsideration and Withdrawal of Findings of Significant Contribution and Rulemaking for Georgia for Purposes of Reducing Ozone Interstate...

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