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NEW JERSEY v. E.P.A.

No. 08-1065.

989 F.3d 1038 (2021)

State of NEW JERSEY, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Air Permitting Forum, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 5, 2021.

Attorney(s) appearing for the Case

Lisa J. Morelli , Deputy Attorney General, Office of the Attorney General for the State of New Jersey, argued the cause for petitioner. With her on the briefs was Gurbir S. Grewal , Attorney General. Jon C. Martin , Deputy Assistant Attorney General, entered an appearance.

Laura J. Brown , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were Jeffrey Bossert Clark , Assistant Attorney General, Jonathan D. Brightbill , Principal Deputy Assistant Attorney General, and Brian L. Doster , Assistant General Counsel, U.S. Environmental Protection Agency. Eric G. Hostetler and Norman L. Rave Jr. , Attorneys, U.S. Department of Justice, and Howard J. Hoffman , Counsel, U.S. Environmental Protection Agency, entered appearances.

Shannon S. Broome , San Francisco, CA, argued the cause for intervenors Air Permitting Forum, et al. in support of respondent. With her on the brief were Laura K. McAfee , Baltimore, MD, Charles H. Knauss , and Alexandra K. Hamilton . David M. Friedland , Stacy R. Linden , Richard S. Moskowitz , Harry M. Ng , and Michele M. Schoeppe , Washington, DC, entered appearances.

Dissenting Opinion by Circuit Judge WALKER.

This petition for review concerns the rule promulgated by the Environmental Protection Agency ("EPA") upon remand in response to New York v. EPA, 413 F.3d 3 (D.C. Cir. 2005). There, states, environmental organizations, and industrial entities challenged the revision of the Clean Air...

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