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MARYLAND v. E.P.A.

No. 18-1285 Consolidated with 18-1287, 18-1301.

958 F.3d 1185 (2020)

State of MARYLAND, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. City of New York, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 19, 2020.

Attorney(s) appearing for the Case

William J. Kassab , Deputy Attorney General, Office of the Attorney General for the State of Delaware, argued the cause and filed the briefs for petitioner State of Delaware.

Joshua Berman , Washington, DC, argued the cause for Citizen Petitioners. With him on the briefs were Ariel Solaski , Jon A. Mueller , Washington, DC, Leah Kelly , Ann Brewster Weeks , Graham McCahan , Sean H. Donahue , and Susannah L. Weaver , Washington, DC. Hayden W. Hashimoto entered an appearance.

Michael F. Strande , Assistant Attorney General, Office of the Attorney General for the State of Maryland, argued the cause for petitioner State of Maryland. With him on the briefs were Brian E. Frosh , Attorney General, and Joshua M. Segal , Special Assistant Attorney General.

Letitia James , Attorney General, Office of the Attorney General for the State of New York, Morgan A. Costello and Claiborne E. Walthall , Assistant Attorneys General, Barbara D. Underwood , Solicitor General, Steven Wu , Deputy Solicitor General, David S. Frankel , Assistant Solicitor General, Gurbir S. Grewal , Attorney General, Office of the Attorney General for the State of New Jersey, Aaron A. Love , Deputy Attorney General, and Christopher G. King , Houston, TX, were on the brief for petitioner-intervenors State of New York, et al.

Richard L. Revesz and Jack Lienke were on the brief for amicus curiae Institute for Policy Integrity at New York University School of Law in support of petitioners.

Samara M. Spence , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were Jeffrey Bossert Clark Sr. , Assistant Attorney General, Jonathan Brightbill , Principal Deputy Assistant Attorney General, and Abirami Vijayan and Stephanie L. Hogan , Counsel, U.S. Environmental Protection Agency.

Norman W. Fichthorn , E. Carter Chandler Clements , Washington, DC, Garry S. Rice , Rae E. Cronmiller , Arlington, VA, and Janet J. Henry , Columbus, OH, were on the brief for respondent-intervenors.

Before: Henderson, Garland, and Katsas, Circuit Judges.

The Clean Air Act, 42 U.S.C. §§ 7401 et seq., charges the United States Environmental Protection Agency (EPA) with regulating air pollution, including ozone. Clean Air Act section 110 requires individual states to adopt plans for the implementation and enforcement of EPA-mandated national air quality standards. Id. ...

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