United States Fourth Circuit

While 42 USC 7511a(c)(2)(A) requires state implementation plan revisions in certain nonattainment areas to demonstrate attainment through the use of photochemical grid modeling, it does not prevent the use of previously performed modeling to show attainment.

Appellate Information

• Argued 04/02/2001
• Decided 09/11/2001
• Published 09/12/2001

Judges

• Before LUTTIG and TRAXLER, Circuit Judges, and THORNBURG, United States District Judge for the Western District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jeffrey Herrema, Student Attorney, Wade Wilson, Student Attorney, Environmental Law Clinic, University of Maryland School of Law, Baltimore, MD, for Petitioner. David Jay Kaplan, Environment & Natural Resources Division, Environmental Defense Section, United States Department of Justice, Washington, DC, for Respondents. ON BRIEF:  Rena I. Steinzor, Brian Higgins, Student Attorney, Environmental Law Clinic, University of Maryland School of Law, Baltimore, MD, for Petitioner.  John Cruden, Acting Assistant Attorney General, David Gualtieri, Environment & Natural Resources Division, Environmental Defense Section, United States Department of Justice, Sara Schneeberg, Office of General, Environmental Protection Agency, Washington, DC;  Cecil A. Rodrigues, Office of Regional Counsel-Region III, Environmental Protection Agency, Philadelphia, PA, for Respondents.  Norman W. Fichthorn, Allison D. Wood, Virginia S. Albrecht, Hunton & Williams, Washington, DC;  Michael C. Powell, Gordon, Feinblatt, Rothman, Hoffberger & Hollander, L.L.C., Baltimore, MD, for Intervenor.  David M. Friedland, Gus B. Bauman, David M. Williamson, Beveridge & Diamond, P.C., Washington, DC, for Amicus Curiae.