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SIERRA CLUB v. U.S. E.P.A.

Nos. 12-2853, 12-3142, 12-3143.

774 F.3d 383 (2014)

SIERRA CLUB, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Gina McCarthy, Administrator, United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided December 16, 2014.

Attorney(s) appearing for the Case

David C. Bender , Attorney, McGillivray, Westerberg & Bender LLC, Madison, WI, Robert Ukeiley , Attorney, Law Office of Robert Ukeiley, Boulder, CO, Sanjay Narayan, Attorney, Sierra Club, San Francisco, CA, for Petitioner, for Docket Nos. 12-2853. 12-3143 and 12-3142.

Paul Cirino , Matthew R. Oakes , Attorneys, Department of Justice, Washington, DC, for Respondents Environmental Protection Agency and Gina McCarthy, Administrator, for Docket No. 12-2853.

Elizabeth Boucher Dawson , Attorney, Department of Justice, Washington, DC, for Respondents Environmental Protection Agency and Gina McCarthy, Administrator, for Docket No. 12-3143.

Paul Cirino , Attorney, Department of Justice, Washinton, DC, for Respondents Environmental Protection Agency and Gina McCarthy, Administrator, for Docket No. 12-3142.

Before FLAUM, KANNE, and SYKES, Circuit Judges.

Sierra Club challenges the Environmental Protection Agency's decisions to redesignate three geographic areas — Milwaukee-Racine, Greater Chicago, and the Illinois portion of the St. Louis area — as having attained the 1997 National Ambient Air Quality Standards for ozone. The Clean Air Act mandates that before...

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