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NATURAL RESOURCES DEFENSE COUNCIL v. E.P.A.

No. 10-1056.

643 F.3d 311 (2011)

NATURAL RESOURCES DEFENSE COUNCIL, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, American Chemistry Council, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 1, 2011.

Attorney(s) appearing for the Case

Paul Cort argued the cause for petitioner. With him on the briefs was Deborah Reames .

Stephanie J. Talbert , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were John C. Cruden , Deputy Assistant Attorney General and Sara Schneeberg , Attorney, U.S. Environmental Protection Agency. Thomas A. Lorenzen , Attorney, U.S. Department of Justice, entered an appearance.

Barbara Baird argued the cause for intervenor South Coast Air Quality Management District. With her on the brief was Kurt R. Wiese .

Leslie Sue Ritts , Claudia M. O'Brien , Charles H. Knauss , Sandra P. Franco , Thomas G. Echikson , Rachel D. Gray , and Adam J. White were on the brief for intervenors for respondent American Chemistry Council, et al. Richard P. Sobiecki and Stacey L. VanBelleghem entered an appearance.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Yet again we face a challenge to the Environmental Protection Agency's regulation of ozone under the Clean Air Act. At issue this time is an EPA "guidance document" addressing obligations of regions still in nonattainment of a now-revoked ozone air quality standard. Petitioner argues that the Guidance amounts to a legislative rule issued in violation of the Administrative Procedure Act's notice and comment requirement and that its substantive...

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