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NAT'L ENVIRONMENTAL DEV. ASS'NS CLEAN AIR v. EPA

No. 16-1344 Consolidated with 16-1345 16-1346.

891 F.3d 1041 (2018)

NATIONAL ENVIRONMENTAL DEVELOPMENT ASSOCIATION'S CLEAN AIR PROJECT, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 8, 2018.

Attorney(s) appearing for the Case

Allison D. Wood and Shannon S. Broome argued the cause for petitioners. With them on the briefs were Felicia H. Barnes , Leslie Sue Ritts , and Charles H. Knauss . Stacy R. Linden entered an appearance.

Andrew J. Doyle , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Jeffrey H. Wood , Acting Assistant Attorney General, and Carol S. Holmes , Attorney Advisor, U.S. Environmental Protection Agency.

Concurring opinion filed by Senior Circuit Judge Silberman.

This case involves a challenge by Petitioners National Environmental Development Association's Clean Air Project, American Petroleum Institute, and Air Permitting Forum ("Petitioners") to Amendments to Regional Consistency Regulations ("Amended Regulations"), 40 C.F.R. §§ 56.3-56.5 (2017), adopted by the...

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