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AMERICAN ROAD & TRANSP. BUILDERS ASS'N v. E.P.A.

No. 08-1381.

588 F.3d 1109 (2009)

AMERICAN ROAD & TRANSPORTATION BUILDERS ASSOCIATION, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY and Lisa Perez Jackson, in her official capacity, Respondents. and Association of American Railroads, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 2009.

Attorney(s) appearing for the Case

Lawrence J. Joseph argued the cause for petitioner. With him on the brief was Nick Goldstein.

David Gunter, 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 Michael Horowitz, Attorney, U.S. Environmental Protection Agency.

Kathleen A. Kenealy, Deputy Attorney General, Attorney General's Office for the State of California, argued the cause for intervenors California Air Resources Board, et al. in support of respondent. With her on the brief were Edmund G. Brown, Jr., Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, Kurt R. Wiese, and Barbara Baird. Aaron S. Colangelo entered an appearance.

Louis P. Warchot and Michael J. Rush were on the brief for intervenor Association of American Railroads in support of respondent.

Vickie L. Patton and Sean H. Donahue were on the brief for amici curiae American Lung Association, et al. in support of respondent.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

The American Road and Transportation Builders Association is a trade organization representing the "transportation construction industry"—companies that build roads, public transit systems, airports and the like. In 2002 ARTBA, as the group calls itself, petitioned the U.S. Environmental Protection Agency to amend two regulations implementing § 209(e) of the Clean Air Act (codified at 42 U.S.C. § 7543(e)). EPA had originally...

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