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

Nos. 10-1004, 10-1005, 10-1006, 11-1252, 11-1253, 11-1254.

669 F.3d 330 (2012)

ATK LAUNCH SYSTEMS, INC., Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Brian Moench and Utah Physicians for a Healthy Environment, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 24, 2012.

Attorney(s) appearing for the Case

Michael A. Zody argued the cause for petitioners. With him on the briefs were Michael L. Larsen , M. Lindsay Ford , Elizabeth A. Schulte , and David W. Tundermann . Dylan M. Fuge and Claudia M. O'Brien entered appearances.

Jessica O'Donnell , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief was Geoffrey L. Wilcox , Attorney, U.S. Environmental Protection Agency.

Joro Walker was on the brief for intervenors Utah Physicians for a Healthy Environment, et al. in support of respondent.

Before: ROGERS and KAVANAUGH, Circuit Judges, and GINSBURG, Senior Circuit Judge.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In these consolidated petitions, ATK Launch Systems, Inc., two Utah counties, and three Utah cities seek partial vacation of a final rule designating certain areas as nonattainment for the 2006 24-hour fine particulate matter (PM2.5) standard. Air Quality Designations for the 2006 24-Hour Fine Particle (PM

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