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BOARD OF COUNTY COMMISSIONERS OF WELD CTY. v. EPA

No. 21-1263 Consolidated with 21-1013.

72 F.4th 284 (2023)

BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Board of County Commissioners of Boulder County, et al., Intervenors for Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 2023.

Attorney(s) appearing for the Case

Ethan G. Shenkman argued the cause for petitioner Board of County Commissioners of Weld County, Colorado. With him on the briefs were Charles Birkel , John R. Jacus , Shannon Stevenson , and Kathleen Pritchard . Bill Davis , Deputy Solicitor General, Office of the Attorney General of the State of Texas, argued the cause for petitioners State of Texas and Texas Commission on Environmental Quality. With him on the briefs were Ken Paxton , Attorney General, Brent Webster , First Assistant Attorney General, Judd E. Stone II , Solicitor General, and Michael R. Abrams , Assistant Solicitor General.

Alexandra L. St. Romain , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the briefs were Todd Kim , Assistant Attorney General, Laura J. Glickman , Attorney, U.S. Department of Justice, and Seth Buchsbaum , Attorney, U.S. Environmental Protection Agency. Elliot Higgins , Attorney, U.S. Department of Justice, also argued the cause for respondent.

David Baake and Ryan Maher argued the cause for Board of County Commissioners of Boulder County, et al. With them on the brief were Robert Ukeiley and Joshua D. Smith .

Before: Srinivasan, Chief Judge, Katsas, Circuit Judge, and Rogers, Senior Circuit Judge.

This case involves regulation of ozone levels under the Clean Air Act. In August 2018, the Environmental Protection Agency designated northern Weld County, Colorado and El Paso County, Texas as areas that had already attained a 2015 ozone pollution standard. But EPA reversed course after Clean Wisconsin v. EPA, 964...

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