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United States DC Circuit


Env. Def. Fund v. Env. Protection Agency, 04-1291a

Petition for review brought by environmental groups challenging three sets of regulations promulgated by the Environmental Protection Agency (EPA) governing how states are to bring their transportation plans into conformity with the requirements of the Clean Air Act is: 1) denied for one set of regulations where the court does not have jurisdiction since the period for review has passed; 2) granted for one set where it is inconsistent with the Act-s requirement that activities that emit pollutants comply with an approved transportation implementation plan; and 3) denied for the final set where the Act does not require that activities involving transportation actually reduce pollutants, but merely that they not frustrate an implementation plan-s purpose to reduce overall emissions.

Appellate Information

  • Decided 10/20/2006
  • Published 10/20/2006

Judges

Court

  • United States DC Circuit

Counsel

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