United States DC Circuit

The EPA was without authority, under the Clean Air Act, to approve state implementation plans for ozone which extend the attainment deadline in the Washington D.C. area, and failed to provide for the states concerned to adopt reasonably available control measures.

Appellate Information

• Argued 02/04/2002
• Decided 07/02/2002
• Published 07/02/2002

Judges

• Before:  GINSBURG, Chief Judge, EDWARDS and SENTELLE, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David S. Baron argued the cause for petitioner.   With him on the briefs was Howard I. Fox.


• For Appellees:
  
• Martin F. McDermott, Attorney, U.S. Department of Justice, argued the cause for respondents.   With him on the brief were John C. Cruden, Assistant Attorney General, and Sara Schneeberg, Attorney, U.S. Environmental Protection Agency.  David A. Carson, Attorney, U.S. Department of Justice, entered an appearance., Thurbert E. Baker, Attorney General, State of Georgia, Patricia T. Barmeyer, Special Assistant Attorney General, Jeremiah W. (Jay) Nixon, Attorney General, State of Missouri, James R. Layton, Solicitor, James E. Ryan, Attorney General, State of Illinois, A. Benjamin Goldgar, Assistant Attorney General, and Donald Trahan were on the brief for amici curiae State of Georgia, et al., in support of respondent.  Katherine L. Rhyne entered an appearance., Randolph A. Beales, Attorney General, Commonwealth of Virginia, Roger L. Chaffe, Senior Assistant Attorney General, and Carl Josephson, Assistant Attorney General, were on the brief for amicus curiae Commonwealth of Virginia, in support of respondent., Albert M. Ferlo, Jr., Sheila D. Jones, and John J. Bosley were on the brief for amicus curiae Metropolitan Washington Air Quality Committee, in support of respondent.