United States DC Circuit

Defendant-EPA's final rule, concerning Clean Air Act monitoring regulations, violates sections 551 and 553 of the Administrative Procedure Act where the regulations were not a logical outgrowth of its proposed interim rule and therefore did not comport with the requirements of notice-and-comment rulemaking.

Appellate Information

• Decided 10/07/2005
• Published 10/07/2005

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Keri N. Powell argued the cause for petitioners.   With her on the briefs were Howard I. Fox, David G. McIntosh, Michael C. Davis, Jennifer M. Wagman, Bradley A. Farrell, and Christine A. Fazio.  John D. Walke and Kelly Haragan entered appearances.


• For Appellees:
  
• David J. Kaplan, Attorney, U.S. Department of Justice, argued the cause for respondent.   With him on the brief were John C. Cruden, Assistant Attorney General, and Kerry E. Rodgers, Counsel, U.S. Environmental Protection Agency.  Christopher S. Vaden and Jon M. Lipshultz, Attorneys, U.S. Department of Justice, and Nancy A. Ketcham-Colwill, Counsel, U.S. Environmental Protection Agency, entered appearances., William H. Lewis, Jr., Lauren E. Freeman, Leslie Sue Ritts, Julie C. Becker, Charles H. Knauss, and M. Elizabeth Cox were on the brief of intervenors Clean Air Implementation Project, et al. in support of respondent.