United States DC Circuit

Plaintiff's petition for review, challenging defendant-EPA's approval of the Annex Rule, which allows states to implement their own emissions trading program, is granted where it is unlawful under American Corn Growers v. EPA 291 F.3d 1 (D.C. Cir. 2002).

Appellate Information

• Argued 11/08/2004
• Decided 02/18/2005
• Published 02/18/2005

Judges

• Before:  EDWARDS and HENDERSON, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Paul M. Seby argued the cause for petitioner.   With him on the briefs was Peter S. Glaser.  Adam T. DeVoe and Sean M. Sullivan entered appearances., Chris S. Leason, Vickie L. Patton, and Thomas A. Bloomfield were on the brief for intervenors Phelps Dodge Corporation, et al.


• For Appellees:
  
• Kenneth C. Amaditz, Attorney, U.S. Department of Justice, argued the cause for respondent.   With him on the brief were John C. Cruden, Deputy Assistant Attorney General, and Jan M. Tierney, Attorney, U.S. Environmental Protection Agency., Joseph P. Mikitish, Assistant Attorney General, Attorney General's Office of State of Arizona, argued the cause for amici curiae State of Arizona, et al. in support of respondent.   With him on the brief were Terry Goddard, Attorney General, Bill Lockyer, Attorney General, Attorney General's Office of State of California, Manel M. Medeiros, Solicitor General, Lisa Madigan, Attorney General, Attorney General's Office of State of Illinois, Gary Feinerman, Solicitor General, Patricia Madrid, Attorney General, Attorney General, Attorney General's Office of State of New Mexico, Tracy M. Hughes, Special Assistant Attorney General, Mark Shurtleff, Attorney General, Attorney General's Office of State of Utah, Fred Nelson, Assistant Attorney General, Patrick J. Crank, Attorney General, Attorney General's Office of State of Wyoming, and Jay Jerde, Senior Assistant Attorney General.  Charles F. Noble, Attorney, New Mexico Environment Department, entered an appearance.