Michael J. Myers , Assistant Attorney General, Office of the Attorney General for the State of New York, argued the cause for State Petitioners. With him on the briefs were Eric T. Schneiderman , Attorney General, Barbara D. Underwood , Solicitor General, Morgan A. Costello , Assistant Attorney General, Kamala D. Harris , Attorney General, Office of the Attorney General for the State of California, Nicholas Stern , Deputy Attorney General, George Jepsen , Attorney General, Office of the Attorney General for the State of Connecticut, Kimberly P. Massicotte and Scott Koshwitz , Assistant Attorneys General, Joseph R. Biden, III , Attorney General, Office of the Attorney General for the State of Delaware, Valerie M. Satterfield , Deputy Attorney General, Lisa Madigan , Attorney General, Office of the Attorney General for the State of Illinois, Gerald T. Karr , Senior Assistant Attorney General, William J. Schneider , Attorney General, Office of the Attorney General for the State of Maine, Gerald D. Reid , Assistant Attorney General, Douglas F. Gansler , Attorney General, Office of the Attorney General for the State of Maryland, Roberta R. James , Assistant Attorney General, Martha Coakley , Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Carol Iancu , Assistant Attorney General, Michael A. Delaney , Attorney General, Office of the Attorney General for the State of New Hampshire, K. Allen Brooks , Assistant Attorney General, Gary K. King , Attorney General, Office of the Attorney General for the State of New Mexico, Stephen R. Farris , Assistant Attorney General, Ellen F. Rosenblum , Attorney General, Office of the Attorney General for the State of Oregon, Paul S. Logan , Assistant Attorney-in-Charge, Peter Kilmartin , Attorney General, Office of the Attorney General for the State of Rhode Island, Gregory S. Schultz , Special Assistant Attorney General, Irvin B. Nathan , Attorney General, Office of the Attorney General for the District of Columbia, Amy E. McDonnell , Deputy General Counsel, and Christopher King. William L. Pardee , Assistant Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts at the time the brief was filed, Tricia K. Jedele , Special Assistant Attorney General, Office of the Attorney General for the State of Rhode at the time the brief was filed, Maureen Smith , Senior Assistant Attorney General, Office of the Attorney General for the State of Rhode Island, Donna M. Murasky , Deputy Solicitor, Office of the Attorney General for the District of Columbia, and Katherine Kennedy entered appearances.
Richard A. Wegman and Harold G. Bailey, Jr. were on the brief for amicus curiae Province of Ontario in support of petitioners State of New York, et al. and petitioners American Lung Association, et al.
Madeline Fleisher , Attorney, and David J. Kaplan , Senior Attorney, U.S. Department of Justice, argued the causes for respondent. With them on the brief was John Hannon , Attorney, U.S. Environmental Protection Agency.
United States Court of Appeals, District of Columbia Circuit.
PER CURIAM:
In this opinion, we consider several challenges to the Environmental Protection Agency's most recent revisions to the primary and secondary National Ambient Air Quality Standards for ozone. For the reasons given below, we deny the petitions, except with respect to the secondary ozone standard, which we remand for reconsideration.
I.
The Clean Air Act directs EPA to establish and periodically review and revise primary and secondary National...
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