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DE DNR & ENVIRONMENTAL CONTROL v. EPA

No. 16-1230.

895 F.3d 90 (2018)

DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 2018.

Attorney(s) appearing for the Case

Valerie M. Edge , Deputy Attorney General, Office of the Attorney General for the State of Delaware, argued the cause and filed the briefs for petitioner.

Phillip R. Dupré , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was John C. Cruden , Assistant Attorney General, at the time the brief was filed.

Before: Rogers and Griffith, Circuit Judges, and Ginsburg, Senior Circuit Judge.

The Clean Air Act authorizes the Environmental Protection Agency to set national air-quality standards. The Act also permits the agency to extend the deadline for areas to comply with those standards. Here, the agency granted an extension for a multistate region to comply with national ozone...

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