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ATK LAUNCH SYSTEMS, INC. v. U.S. E.P.A.

Nos. 09-9561, 10-9501, 10-9502.

651 F.3d 1194 (2011)

ATK LAUNCH SYSTEMS, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Utah Physicians for a Healthy Environment, Amicus Curiae, Dr. Brian Moench, Movant.

United States Court of Appeals, Tenth Circuit.

July 6, 2011.

Attorney(s) appearing for the Case

Michael A. Zody ( Michael L. Larsen,   David W. Tundermann,   M. Lindsay Ford, and Elizabeth A. Schulte with him on the briefs), Parsons Behle & Latimer, Salt Lake City, UT, for Petitioner.

Jessica O'Donnell, United States Department of Justice, Environment & Natural Resources Division ( Geoffrey L. Wilcox, Office of General Counsel, United States Environmental Protection Agency, and Ignacia S. Moreno, Assistant Attorney General, Environment & Natural Resources Division, with her on the brief), Washington, D.C., Respondent.

Joro Walker and Charles R. Dubuc, Western Resource Advocates, Salt Lake City, UT, on the brief for Amicus Curiae and Movant.

Before MURPHY, HARTZ, and GORSUCH, Circuit Judges.

PETITION FOR REVIEW FROM AN ORDER OF THE ENVIRONMENTAL PROTECTION AGENCY (EPA-HQ-OAR-2007-0562)

MURPHY, Circuit Judge.

I. Introduction

Under the Clean Air Act, the Environmental Protection Agency ("EPA") is charged with establishing National Ambient Air Quality Standards ("NAAQS") for various air pollutants. 42 U.S.C. § 7409. Once a NAAQS is established, EPA must promulgate designations of geographic areas across the nation according to their...

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