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UKEILEY v. U.S. E.P.A.

No. 16-9556.

896 F.3d 1158 (2018)

Robert UKEILEY, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; and Andrew Wheeler, Acting Administrator, United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Tenth Circuit.

FILED July 24, 2018.

Attorney(s) appearing for the Case

Vincent P. Calvano , Vincent P. Calvano, LLC, Boulder, Colorado, for Petitioner.

Allan D. Greenberg , Attorney, Environment & Natural Resources Division ( Jeffrey H. Wood , Acting Assistant Attorney General, United States Department of Justice, Denver, Colorado, and Randall Cherry , Office of Regional Counsel, Region 8, and Jonathan Skinner-Thompson , Office of General Counsel, United States Environmental Protection Agency, with him on the brief) United States Attorney's Office, Denver, Colorado, for Respondents.

Before TYMKOVICH, Chief Judge, SEYMOUR, and McHUGH, Circuit Judges.

This petition for review challenges the Environmental Protection Agency's 2016 decision to certify Colorado's compliance with air quality standards despite a number of days in which Colorado failed to meet those standards.

Robert Ukeiley is a local property owner who suffers from a lung condition worsened by airborne...

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