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COMMUNITIES FOR A BETTER ENVIRONMENT v. E.P.A.

No. 11-1423.

748 F.3d 333 (2014)

COMMUNITIES FOR A BETTER ENVIRONMENT and Wildearth Guardians, Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Sierra Club, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 11, 2014.

Attorney(s) appearing for the Case

Nicholas J. Lopez , Student Counsel, argued the cause for petitioners and intervenor. On the briefs was Michael Ray Harris.   Kelly D. Davis , Kevin J. Lynch , and Shannon Love , Student Counsel, entered appearances.

Andrew J. Doyle , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was David P.W. Orlin , Attorney, United States Environmental Protection Agency.

Before: BROWN and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

KAVANAUGH, Circuit Judge:

Carbon monoxide is an odorless, colorless gas that can be produced by human activity, mainly by operation of motor vehicles. Carbon monoxide can cause adverse health effects, particularly for people with pre-existing health problems.

Under the Clean Air Act, EPA must establish primary and secondary national air quality standards to regulate the levels of six common air pollutants, including carbon monoxide. The primary standards must...

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