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Mississippi Comm'n on Environmental Quality v. Environmental Protection Agency

United States Court of Appeals, District of Columbia Circuit

June 2, 2015

MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY, PETITIONER
v.
ENVIRONMENTAL PROTECTION AGENCY AND GINA MCCARTHY, RESPONDENTS

Argued: October 21, 2014,

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On Petitions for Review of Final Action of the United States Environmental Protection Agency.

Valerie Satterfield Edge, Deputy Attorney General, Office of the Attorney General for the State of Delaware, argued the cause for the petitioners Delaware Department of Natural Resources and Environmental Control and the State of Connecticut. George Jepsen, Attorney General, and Kimberly P. Massicotte and Scott N. Koschwitz, Assistant Attorneys General, were with her on brief.

Robin L. Cooley and Robert Ukeiley argued the causes and filed the joint briefs for Environmental Petitioners. James J. Tutchton entered an appearance.

Donna J. Hodges and Reed D. Rubinstein argued the causes for State and County Petitioners. Gary C. Rikard and Mark L. Walters, Assistant Attorneys General, Office of the Attorney General for the State of Texas, were with them on the joint brief. Gregory W. Abbott, Attorney General, Office of the Attorney General for the State of Texas, and Jonathan K. Niermann, Assistant Attorney General, and Mary Ann Poirier entered appearances.

Timothy J. Junk, Deputy Attorney General, Office of the Attorney General for the State of Indiana, argued the cause for the petitioner State of Indiana. Gregory F. Zoeller, Attorney General, was with him on brief.

Roger R. Martella Jr. argued the cause for the Industrial Petitioners. Timothy K. Webster, Ryan C. Morris, David C. Duggins, Matt Paulson, Howard Rubin, Glen Donath, Christopher D. Jackson, William L. Wehrum and Aaron M. Flynn were with him on brief.

Elizabeth B. Dawson and Jessica O'Donnell, Attorneys, United States Department of Justice, argued the causes for the respondent. Robert G. Dreher, Acting Assistant Attorney General, and Jan Tierney, Attorney, United States Environmental Protection Agency, were with them on brief.

Sean D. Reyes, Attorney General, Office of the Attorney General for the State of Utah, Bridget Romano, Utah Solicitor General, Connie S. Nakahara, Assistant Utah Attorney General, Constance E. Brooks, David G. Scott and Bret A. Sumner were on the joint brief for the respondent-intervenors State of Utah, et al. Mark L. Shurtleff, former Attorney General, Office of the Attorney General for the State of Utah, entered an appearance.

Tómas Carbonell and Peter Zalzal were on brief for the respondent-intervenor Environmental Defense Fund. Vickie L. Patton entered an appearance.

Before: GARLAND, Chief Judge, and HENDERSON and SRINIVASAN, Circuit Judges.

OPINION

Page 144

PER CURIAM:

The Congress enacted the Clean Air Act (the Act), 42 U.S.C. § § 7401 et seq., " to protect and enhance the quality of the Nation's air resources so as to promote the public health and welfare and the productive capacity of its population." Id. ยง 7401(b)(1). At issue in ...


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