United States Second Circuit

The EPA's approval of New York's State Implementation Plan - which demonstrates an ability to meet required air quality standards for ozone pollution by the applicable attainment date - did not violate the Clean Air Act or EPA regulations.

Appellate Information

• Argued 11/06/2003
• Decided 05/19/2004
• Published 05/19/2004

Judges

• CARDAMONE, Circuit Judge., Before:  CARDAMONE, SOTOMAYOR, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David S. Baron, Earthjustice, Washington, DC, for Petitioner Environmental Defense., Gordon J. Johnson, Deputy Bureau Chief, New York, New York (Eliot Spitzer, Attorney General of the State of New York, Marion R. Buchbinder, Deputy Solicitor General, New York State Department of Law, Environmental Protection Bureau, New York, New York, of counsel), for Intervenor State of New York.


• For Appellees:
  
• Pamela S. Tonglao,U.S. Department of Justice, Washington, DC (Thomas L. Sansonetti, Assistant Attorney General, U.S. Department of Justice, Environment and Natural Resources Division, Environmental Defense Section, Washington, DC;  Howard J. Hoffman, Jan Tierney, U.S. Environmental Protection Agency, Office of General Counsel, Washington, DC, of counsel), for Respondent U.S. Environmental Protection Agency.