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OKLAHOMA DEPT. OF ENVIRONMENTAL QUALITY v. E.P.A.

No. 11-1307.

740 F.3d 185 (2014)

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Navajo Nation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 17, 2014.

Attorney(s) appearing for the Case

Lynn H. Slade argued the cause for petitioner. With him on the briefs were William C. Scott and Deana M. Bennett .

John R. Jacus , Charles A. Breer , and Radcliffe Dann, IV were on the brief for amicus curiae Oklahoma Independent Petroleum Association in support of petitioner.

David A. Carson , Attorney, United States Department of Justice, argued the cause for respondent. With him on the briefs were Robert G. Dreher , Acting Assistant Attorney General, and Jon M. Lipshultz , Attorney.

Philip Baker-Shenk , Kurt E. Blase , Richard A. Duncan , and Jill Elise Grant were on the brief for Tribal Intervenors in support of respondent.

Beverly M. Conerton , Assistant Attorney General, Office of the Attorney General for the State of Minnesota was on the brief for amicus curiae State of Minnesota in support of respondent.

Michael C. Small and James E. Tysse were on the brief for amicus curiae The Osage Nation in support of respondent.

Opinion for the Court filed by Senior Circuit Judge GINSBURG.

GINSBURG, Senior Circuit Judge:

The Oklahoma Department of Environmental Quality petitions for review of a final rule promulgated by the Environmental Protection Agency establishing a federal implementation plan for the attainment of national air quality standards in "Indian country." See Review of New Sources and Modifications in Indian Country, 76 Fed. Reg. 38,748 (2011) (codified at 40 C.F.R. pts. 49 and 51) (hereinafter Indian Country NSR Rule). Jurisdiction...

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