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CTR. FOR BIOLOGICAL DIVERSITY v. UNITED STATES EPA

No. 22-9546.

82 F.4th 959 (2023)

CENTER FOR BIOLOGICAL DIVERSITY, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Michael S. Regan, Administrator, United States Environmental Protection Agency, Respondents. American Petroleum Institute; Colorado Oil and Gas Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Filed September 18, 2023.

Attorney(s) appearing for the Case

Robert Ukeiley ( Ryan Maher , with him on the briefs) of the Center for Biological Diversity, Denver, Colorado, for Petitioner-Appellant.

Alan D. Greenberg , Attorney ( Todd Kim , Assistant Attorney General, with him on the brief), Environment and Natural Resources Division, United States Department of Justice, Denver, Colorado, for Respondents-Appellees.

John H. Bernetich , Jennifer L. Biever , and Corey Y. Lim of Williams Weese Pepple & Ferguson PC, Denver, Colorado, for the American Petroleum Institute, Inc., and Christopher L. Colclasure of Beatty & Wozniak PC, Denver, Colorado, for the Colorado Oil and Gas Association filed an Amicus Curiae Brief.

Before TYMKOVICH, MORITZ, and ROSSMAN, Circuit Judges.

In a May 2022 final rule, the U.S. Environmental Protection Agency (EPA) approved a revision to Colorado's State Implementation Plan (SIP). The revision certified that Colorado's existing, EPA-approved Nonattainment New Source Review (NNSR) permit program regulating new or modified major stationary sources of air pollution...

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