United States Sixth Circuit

The EPA's final rulemaking action approving revisions to Kentucky's State Implementation Plan (SIP) involving air quality standards, under which the state was allowed to move its vehicle inspection and maintenance program for certain counties from the active or -regulatory- portion of its SIP under the Clean Air Act to the contingency measures portion of the Kentucky SIP, is affirmed as the EPA-s action was entitled to deference.

Appellate Information

• Decided 10/20/2006
• Published 10/20/2006

Judges

• Before COOK and McKEAGUE, Circuit Judges;  WILHOIT, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas J. FitzGerald, Kentucky Resources Council, Frankfort, Kentucky, for Petitioner.  David A. Carson, United States Department of Justice, Denver, Colorado, for Respondent.   ON BRIEF:  Thomas J. FitzGerald, Kentucky Resources Council, Frankfort, Kentucky, for Petitioner.  David A. Carson, United States Department of Justice, Denver, Colorado, for Respondent.