No. 09-1090.

600 F.3d 624 (2010)

AMERICAN TRUCKING ASSOCIATIONS, INC., and The Truckload Carriers Association, Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and Lisa Jackson, Administrator, Respondents California Air Resources Board, Natural Resources Defense Council, East Yard Communities for Environmental Justice, Coalition for a Safe Environment, and Center for Community Action and Environmental Justice, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 2, 2010.

Attorney(s) appearing for the Case

Anthony L. Michaels argued the cause for petitioners. With him on the briefs were Robert Digges, Chief Counsel, ATA Litigation Center, and Thomas Richichi.

David J. Kaplan, U.S. Department of Justice, Environmental Defense Section, argued the cause for respondents. With him on the brief were John C. Cruden, Acting Assistant Attorney General, and Michael Horowitz, United States Environmental Protection Agency, Office of General Counsel.

Edmund G. Brown Jr., Attorney General of the State of California, Matt Rodriquez, Chief Assistant Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, Kathleen A. Kenealy, Deputy Attorney General, and Gavin G. McCabe, Deputy Attorney General, were on the brief for Intervenor California Air Resources Board.

Colin O'Brien, Aaron Colangelo, David Pettit, Melissa Lin Perrella, and Bart Lounsbury were on the brief for Intervenors Natural Resources Defense Council, et al.

Kurt R. Weise and Barbara B. Baird were on the brief for amicus curiae South Coast Air Quality Management District in support of respondents.

Opinion dissenting in part filed by Senior Circuit Judge WILLIAMS.

KAVANAUGH, Circuit Judge:

The Clean Air Act assigns California— not any of the other states and not the federal Environmental Protection Agency—the primary role in setting limits on emissions from in-use non-road engines. An example of a "non-road" engine is a truck's transportation refrigeration unit, which keeps perishable goods at the proper temperature. Under the Act, each of the other 49 states may adopt a rule identical to California's. Otherwise...

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