NATIONAL ASS'N OF MFRS. v. E.P.A.

Nos. 13-1069, 13-1071.

750 F.3d 921 (2014)

NATIONAL ASSOCIATION OF MANUFACTURERS, PETITIONER v. ENVIRONMENTAL PROTECTION AGENCY and Gina McCarthy, Administrator, EPA, Respondents American Lung Association, Et Al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 9, 2014.


Attorney(s) appearing for the Case

William L. Wehrum Jr. argued the cause for petitioner. With him on the briefs were Andrea Bear Field , Allison D. Wood , Lucinda Minton Langworthy , Roger R. Martella Jr. , Timothy K. Webster , Joel F. Visser , Rachel L. Brand , Sheldon Gilbert , and Quentin Riegel.

Eric G. Hostetler , Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Robert G. Dreher , Acting Assistant Attorney General, and John T. Hannon , Steven E. Silverman , David P.W. Orlin , Brian L. Doster , Geoffrey L. Wilcox , Attorneys, U.S. Environmental Protection Agency.

Peter Zalzal , John D. Walke , Nicholas Morales , and David S. Baron were on the brief for intervenors Environmental Defense Fund, et al. in support of respondents.

Opinion for the Court filed by Circuit Judge KAVANAUGH.


KAVANAUGH, Circuit Judge:

In 2013, EPA tightened the primary National Ambient Air Quality Standards, or NAAQS, for fine particulate matter. The National Association of Manufacturers and other industry groups challenge that decision. Consistent with the general principle that the Clean Air Act gives EPA substantial discretion in setting the NAAQS, we deny the petitions for review.

I

The Clean Air Act requires EPA to establish National Ambient Air...

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