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US MAGNESIUM, LLC v. U.S. E.P.A.

No. 11-9533.

690 F.3d 1157 (2012)

US MAGNESIUM, LLC, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Tenth Circuit.

August 6, 2012.

Attorney(s) appearing for the Case

Michael A. Zody ( Michael J. Tomko and Jacob A. Santini , with him on the briefs), of Parsons Behle & Latimer, Salt Lake City, UT, for Petitioner.

David A. Carson ( Ignacia S. Moreno , Assistant Attorney General, with him on the brief), United States Department of Justice, Environment and Natural Resources Division, Denver, CO, for Respondent.

Before BRISCOE, Chief Judge, McKAY and HARTZ, Circuit Judges.

BRISCOE, Chief Judge.

US Magnesium seeks review of a recent final rule from the United States Environmental Protection Agency (EPA). In its rule, the EPA has called for Utah to revise its State Implementation Plan (SIP) for the federal Clean Air Act (CAA). Under the CAA, the EPA may call for a state to revise its SIP (a SIP Call) if the EPA finds the state's current SIP substantially inadequate. Here, the EPA determined that Utah's SIP was substantially inadequate...

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