MONTANA SULPHUR & CHEMICAL CO. v. U.S. E.P.A.

Nos. 02-71657, 08-72642.

666 F.3d 1174 (2012)

Montana Sulphur & Chemical Company, Petitioner, v. United States Environmental Protection Agency, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 19, 2012.


Attorney(s) appearing for the Case

Robert K. Baldwin , Goetz, Gallik & Baldwin, PC, Bozeman, MT, for the petitioner.

Martin F. McDermott , United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the respondent.

Leslie Sue Ritts , Ritts Law Group, PLLC, Alexandria, VA, for Amicus National Environmental Development Association's Clean Air Project.

Russell S. Frye , FryeLaw, PLLC, Washington, D.C., for Amicus American Petroleum Institute.

Before: MICHAEL DALY HAWKINS and M. MARGARET McKEOWN, Circuit Judges, and JOHN W. SEDWICK, District Judge.


OPINION

HAWKINS, Senior Circuit Judge:

In these appeals, consolidated for decision,1 we address the propriety of various actions taken by the United States Environmental Protection Agency ("EPA") under the Clean Air Act with respect to Montana air quality from 1993 to 2008. In No. 02-71657, Montana Sulphur & Chemical Company ("Montana Sulphur") seeks review of the EPA's final rule which partially disapproved a proposed revision...

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