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AMERICAN PETROLEUM INSTITUTE v. E.P.A.

Nos. 10-1079, 10-1080.

684 F.3d 1342 (2012)

AMERICAN PETROLEUM INSTITUTE and Utility Air Regulatory Group, Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Natural Resources Defense Council, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 17, 2012.

Attorney(s) appearing for the Case

Allison D. Wood argued the cause for petitioner American Petroleum Institute. William Pedersen argued the cause for petitioner Interstate Natural Gas Association of America. With them on the briefs was Lucinda Minton Langworthy.  Joan Dreskin, Timm L. Abendroth , Daniel J. Regan Jr. , and Janice K. Raburn entered appearances.

Norman L. Rave Jr. , U.S. Department of Justice, argued the cause for respondent. On the brief was Angeline Purdy , Attorney. Michael Augustini , Attorney, entered an appearance.

Abigail M. Dillen , Colin O'Brien , John Walke , and Adrian Martinez were on the brief for intervenor Natural Resources Defense Council in support of respondent.

Opinion for the Court filed by Senior Circuit Judge GINSBURG.

GINSBURG, Senior Circuit Judge:

In 2010, the EPA promulgated a final rule adopting a new, one-hour primary national ambient air quality standard (NAAQS) for nitrogen dioxide. The American Petroleum Institute, the Utility Air Regulatory Group, and the Interstate Natural Gas Association of America (collectively the API) petition for review of that rule, claiming the EPA, in adopting the NAAQS, was arbitrary and capricious and violated the Clean Air Act. The API also...

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