United States Fourth Circuit

In a petition for review of the EPA's approval of Virginia's Clean Air Interstate Rule State Implementation Plan, the petition is dismissed where petitioner lacked standing because its alleged injury flowed from Virginia's Nonattainment Provisions, which were separate emissions standards.

Appellate Information

• Decided 08/12/2009
• Published 08/12/2009

Judges

• Before MOTZ, GREGORY, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jeffrey R. Holmstead, Bracewell & Giuli Ani, LLP, Washington, D.C., for Petitioner.  Jon Michael Lipshultz, United States Department of Justice, Environmental Defense Section, Washington, D.C., for Respondents.  Carl Josephson, Office of the Attorney General of Virginia, Richmond, Virginia, for Intervenor.   ON BRIEF:  Sonja Rodman, EPA Office of General Counsel, Washington, DC, Neil Bigioni, EPA Office of General Counsel, Philadelphia, Pennsylvania;  Ronald J. Tenpas, Assistant Attorney General, John C. Cruden, Deputy Assistant Attorney General, United States Department of Justice, Environmental Defense Section, Environmental and Natural Resources Division, Washington, D.C., for Respondents.  William E. Thro, State Solicitor General, Stephen R. McCullough, Deputy State Solicitor General, Roger L. Chaffe, Senior Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Intervenor.