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

No. 10-1105.

661 F.3d 662 (2011)

NATURAL RESOURCES DEFENSE COUNCIL, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided October 28, 2011.

Attorney(s) appearing for the Case

Robert E. Yuhnke argued the cause for petitioners. With him on the briefs was Adriano L. Martinez .

David J. Kaplan , Senior Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was John C. Cruden , Deputy Assistant Attorney General.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

This case follows up our decision in Environmental Defense, Inc. v. EPA, 509 F.3d 553 (D.C.Cir.2007), in which we reviewed the Environmental Protection Agency's promulgation of a final rule for "PM2.5 and PM10 Hot Spot Analyses in Project-Level Transportation Conformity Determinations for the New PM2.5 and Existing PM

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