Read Nat'l Ass'n of Clean Air Agencies v. EPA, 06-1023

Final rule increasing the stringency of the oxides of nitrogen emission standards applicable to newly certified commercial aircraft gas turbine engines under section 231 of the Clean Air Act is upheld where: 1) respondent's interpretation of Section 231 is not manifestly contrary to the Clean Air Act; and 2) the agency did not otherwise act arbitrarily and capriciously in promulgating the Final Rule.

Appellate Information

• Argued 03/15/2007
• Decided 06/01/2007
• Published 06/01/2007

Judges

• Before:  GRIFFITH, Circuit Judge, and EDWARDS and WILLIAMS, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Emma E. Garrison argued the cause for petitioner.   With her on the briefs was Hope M. Babcock.


• For Appellees:
  
• Steven E. Rusak, Attorney, United States Department of Justice, argued the cause for respondent.   With him on the brief were John C. Cruden, Deputy Assistant Attorney General, and Michael W. Thrift, Counsel, U.S. Environmental Protection Agency., David A. Berg, Mac S. Dunaway, and Thomas Richichi were on the brief for amici curiae Air Transport Association of America, Inc. and Aerospace Industries Association in support of respondent.