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DALTON TRUCKING, INC. v. U.S. E.P.A.

Nos. 13-1283, 13-1287.

808 F.3d 875 (2015)

DALTON TRUCKING, INC., et al., Petitioners v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Gina McCarthy, In her Official Capacity as Administrator of the United States Environmental Protection Agency, Respondents California Air Resources Board, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 18, 2015.

Attorney(s) appearing for the Case

Theodore Hadzi-Antich argued the cause for petitioners. With him on the joint briefs were M. Reed Hopper and Lawrence J. Joseph .

Joshua M. Levin , Senior Trial Attorney, U.S. Department brief was John C. Cruden , Assistant Attorney General. Michael J. Horowitz , Attorney Advisor, U.S. Environmental Protection Agency, entered an appearance.

Ross H. Hirsch , Deputy Attorney General, Office of the Attorney General for the State of California, argued the cause for intervenor. With him on the brief were Kamala D. Harris , Attorney General, and Robert W. Byrne , Senior Assistant Attorney General.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

This case involves consolidated petitions for review filed by Dalton Trucking, Inc., et al. (hereinafter "Dalton Trucking") and American Road and Transportation Builders Association ("ARTBA"), challenging a final decision by the Environmental Protection Agency ("EPA"). EPA's contested decision authorized California...

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