United States DC Circuit

Where an agency's established practice for making a final decision concerning nonattainment and reclassification is to conduct a rulemaking under the Administrative Procedures Act, the absence of any rulemaking does not result an attainment determination, and the Clean Air Act lacks language suggesting that Congress intended to give EPA the ability to implement rules retroactively.

Appellate Information

• Argued 02/20/2002
• Decided 04/05/2002
• Published 04/05/2002

Judges

• Before:  HENDERSON, RANDOLPH, and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Douglas R. Williams argued the cause for appellants.   With him on the briefs were Lewis C. Green and Joseph Mendelson III.


• For Appellees:
  
• Ronald M. Spritzer, Attorney, U.S. Department of Justice, argued the cause for appellees.   With him on the brief were John C. Cruden, Assistant Attorney General, Greer S. Goldman and Eileen T. McDonough, Attorneys.   Kathryn E. Kovacs, Attorney, entered an appearance., James E. Ryan, Attorney General, and A. Benjamin Goldgar, Assistant Attorney General, State of Illinois;  Jeremiah W. (Jay) Nixon, Attorney General, State of Missouri, and James R. Layton, State Solicitor, were on the brief for appellees State of Illinois and State of Missouri., Bradley S. Hiles was on the brief for appellees Associated Industries of Missouri, Inc., et al.