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CHAMBER OF COMMERCE OF U.S. v. E.P.A.

No. 09-1237.

642 F.3d 192 (2011)

CHAMBER OF COMMERCE OF the UNITED STATES of America and National Automobile Dealers Association, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Commonwealth of Massachusetts, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 29, 2011.

Attorney(s) appearing for the Case

Paul D. Clement argued the cause for petitioners. On the briefs were Robin S. Conrad , Andrew D. Koblenz , Douglas I. Greenhaus, Matthew G. Paulson , Alexandra M. Walsh , and Adam J. White . Jeffrey A. Lamken and Amar D. Sarwal entered appearances.

Damien M. Schiff was on the brief for amicus curiae Pacific Legal Foundation in support of petitioners.

Norman L. Rave Jr. , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was Michael Horowitz , Attorney, U.S. Environmental Protection Agency. John C. Cruden , Assistant Attorney General, U.S. Department of Justice, entered an appearance.

Edmund G. Brown, Jr. , Attorney General, Office of the Attorney General for the State of California, Kathleen A. Kenealy , Senior Assistant Attorney General, Marc N. Melnick , Deputy Attorney General; Andrew M. Cuomo , Attorney General, Office of the Attorney General for the State of New York, Michael J. Myers , Assistant Attorney General; Gary K. King , Attorney General, Office of the Attorney General for the State of New Mexico; Joseph R. Biden III , Attorney General, Office of the Attorney General for the State of Delaware, Valerie M. Satterfield , Deputy Attorney General; Richard Blumenthal , Attorney General, Office of the Attorney General for the State of Connecticut, Kimberly P. Massicotte and Matthew I. Levine , Assistant Attorneys General; Lisa Madigan , Attorney General, Office of the Attorney General for the State of Illinois, Gerald T. Karr , Assistant Attorney General; Martha Coakley , Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, William L. Pardee and Carol Iancu , Assistant Attorneys General; Thomas J. Miller , Attorney General, Office of the Attorney General for the State of Iowa, David R. Sheridan , Assistant Attorney General; Roberta James , Assistant Attorney General, Office of the Attorney General for the State of Maryland; Lori Swanson , Attorney General, Office of the Attorney General for the State of Minnesota, Jocelyn F. Olson , Assistant Attorney General; Janet T. Mills , Attorney General, Office of the Attorney General for the State of Maine, Gerald D. Reid , Assistant Attorney General; John Kroger , Attorney General, Office of the Attorney General for the State of Oregon, Paul Logan , Assistant Attorney General; William H. Sorrell , Attorney General, Office of the Attorney General for the State of Vermont, Thea J. Schwartz , Assistant Attorney General; Kevin Auerbacher , Jon Martin , and Jung Kim , Deputy Attorneys General, Office of the Attorney General for the State of New Jersey; Patrick C. Lynch , Attorney General, Office of the Attorney General for the State of Rhode Island, Gregory S. Schultz , Special Assistant Attorney General; Robert M. McKenna , Attorney General, Office of the Attorney General for the State of Washington, Leslie R. Seffern , Assistant Attorney General; Susan Shinkman , Chief Counsel, Commonwealth of Pennsylvania Department of Environmental Protection, Robert A. Reiley and Kristen M. Furlan , Assistant Counsel; Kurt R. Wiese , Barbara B. Baird , David Doniger , Joanne Spalding , Sean H. Donahue , Vickie Patton , and Pamela Campos were on the intervenors' brief in support of respondent. Frederick D. Augenstern I , Assistant Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, David G. Bookbinder , Beverly M. Conerton , Assistant Attorney General, Office of the Attorney General for the State of Minnesota, and Stephen R. Farris , Assistant Attorney General, Office of the Attorney General for the State of New Mexico, entered appearances.

Deborah A. Sivas and Robb W. Kapla were on the brief for amici curiae Former U.S. EPA Administrators William K. Reilly and Russell E. Train in support of respondent.

John W. Busterud was on the joint brief for amici curiae Pacific Gas and Electric Corporation and Sempra Energy. Mark D. Patrizio entered an appearance.

Stephen F. Hinchman and Matthew F. Pawa were on the brief for amici curiae Car Dealers Adam D. Lee and Charles E. Frank in support of respondent.

Helen Kang was on the brief for amici curiae Climate Scientists in support of respondent.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

The Chamber of Commerce and the National Automobile Dealers Association petition for review of a decision by the Environmental Protection Agency (EPA) granting California a waiver from federal preemption under the Clean Air Act. The waiver allows California to implement its own regulations requiring automobile manufacturers to reduce fleet-average greenhouse gas emissions from new motor vehicles sold in the state. Because we lack jurisdiction...

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