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

Nos. 08-1250, 09-1102, 11-1430.

706 F.3d 428 (2013)

NATURAL RESOURCES DEFENSE COUNCIL and Sierra Club, Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Fine Particulate Litigation Group et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 4, 2013.

Attorney(s) appearing for the Case

Paul Cort argued the cause for the petitioners. Tim D. Ballo and David S. Baron entered appearances.

Brian H. Lynk , Attorney, United States Department of Justice, argued the cause for the respondent. Geoffrey L. Wilcox and Stephanie L. Hogan , Attorneys, United States Environmental Protection Agency, were on brief.

Charles H. Knauss , Shannon S. Broome , Robert T. Smith , Denise W. Kennedy , John A. Bryson , Emily C. Schilling , Leslie S. Ritts , Norman W. Fichthorn , Lauren E. Freeman , Lucinda Minton Langworthy and Lorane F. Hebert were on brief for the intervenors. Michelle M. Schoeppe entered an appearance.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The four petitioners1 seek review of two final rules, promulgated pursuant to the Clean Air Act (CAA, Act), which govern implementation of the national ambient air quality standard (NAAQS) for "fine" particulate matter — that is, particulate matter (PM)2 having a diameter equal to or less than 2.5 micrometers (PM2.5). See Final Clean...

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