United States DC Circuit

Petitions for review by plaintiffs-states of Environmental Protection Agency (EPA) boundaries for areas not in compliance with Clean Air Act ozone pollution standards are denied where the EPA's boundaries are neither arbitrary nor capricious.

Appellate Information

• Decided 11/29/2005
• Published 11/29/2005

Judges

• Before:  TATEL and BROWN, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Richard P. Mather, Sr., Kristen M. Campfield, Commonwealth of Pennsylvania, Department of Environmental Protection, M. Jane Brady, Attorney General, Attorney General's Office of the State of Delaware, and Valerie S. Csizmadia, Deputy Attorney General, were on the briefs for petitioners.


• For Appellees:
  
• Kelly A. Johnson, Acting Assistant Attorney General, U.S. Department of Justice, John C. Cruden, Deputy Assistant Attorney General, Lily N. Chinn, and Jan Tierney, U.S. Environmental Protection Agency, were on the brief for respondent.  Eric G. Hostetler, U.S. Department of Justice, entered an appearance.