United States DC Circuit

Defendant was not authorized to grant conditional approval to ozone control plans that merely promise to do tomorrow what the Clean Air Act requires today. Letters submitted by D.C.-area States, committing to cure the deficiencies of their state implementation plans within a year, were statutorily inadequate grounds for the conditional approval.

Appellate Information

• Argued 11/20/2003
• Decided 02/03/2004
• Published 02/03/2004

Judges

• Before:  SENTELLE, HENDERSON, and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David S. Baron argued the cause and filed the briefs for petitioner., Kathy M. Kinsey, Assistant Attorney General, State of Maryland, argued the cause for intervenors State of Maryland, et al.   With her on the brief were J. Joseph Curran, Jr., Attorney General, Robert J. Spagnoletti, Corporation Counsel, District of Columbia, Edward E. Schwab, Acting Deputy Corporation Counsel, Donna M. Murasky, Senior Litigation Counsel, Jerry Kilgore, Attorney General, Commonwealth of Virginia, Roger L. Chaffe, Senior Assistant Attorney General, and Carl Josephson, Assistant Attorney General.


• For Appellees:
  
• Cynthia J. Morris, Attorney, U.S. Department of Justice, argued the cause for respondents.   With her on the brief were Howard J. Hoffman and Sara Schneeberg, Attorneys.