United States DC Circuit

The court found it lacked jurisdiction to hear plaintiff's claim that the EPA altered its regulations for non-road engines in its response to plaintiff's letter requesting concurrence in interpretation, because the EPA's letter did not constitute a "final regulation."

Appellate Information

• Argued 02/10/2004
• Decided 06/25/2004
• Published 06/25/2004

Judges

• Before:  ROGERS, GARLAND, and ROBERTS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• William R. Weissman argued the cause for petitioner.   On the briefs were LeAnn M. Johnson-Koch and James P. Rathvon., Jed R. Mandel and Timothy A. French were on the brief for intervenor.


• For Appellees:
  
• Laurel A. Bedig, Attorney, U.S. Department of Justice, argued the cause for respondent.   With her on the brief was Michael J. Horowitz, Attorney, U.S. Environmental Protection Agency.