United States DC Circuit

Final Phase 1 Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard promulgated under the Clean Air Act is vacated as respondent failed to heed the restrictions on its discretion set forth in the Act.

Appellate Information

• Decided 12/22/2006
• Published 12/22/2006

Judges

• ROGERS, Circuit Judge., Before:  HENDERSON, ROGERS and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David S. Baron, Barbara B. Baird, Adam Babich, Ann B. Weeks, and Jonathan F. Lewis were on the petition for rehearing filed by the Environmental Petitioners and South Coast Air QualityManagement District and the response to the petition for rehearing filed by the Environmental Protection Agency., John C. Cruden, Deputy Assistant Attorney General, U.S. Department of Justice, David J. Kaplan and Natalia T. Sorgente, Attorneys, and Jan M. Tierney, Attorney, U.S. Environmental Protection Agency were on the petition for rehearing filed by the Environmental Protection Agency., Martha Coakley, Attorney General, Attorney General's Office of Commonwealth of Massachusetts, William L. Pardee, Assistant Attorney General, Richard Blumenthal, Attorney General, Attorney General's Office of the State of Connecticut, Kimberly Massicotte and Matthew Levine, Assistant Attorneys General, Joseph R. Biden, III, Attorney General, Attorney General's Office of the State of Delaware, Valerie S. Csizmadia, Deputy Attorney General, G. Steven Rowe, Attorney General, Attorney General's Office of the State of Maine, Gerald D. Reid, Assistant Attorney General, Andrew M. Cuomo, Attorney General, Attorney General's Office of the State of New York, Barbara Underwood, Solicitor General, David A. Munro and Lisa S. Kwong, Assistant Attorneys General, Robert A. Reiley, Counsel, Commonwealth of Pennsylvania, Department of Environmental Protection, Linda Singer, Attorney General, Attorney General's Office of the District of Columbia, Todd S. Kim, Solicitor General, Edward S. Schwab, Deputy Solicitor General, and Donna M. Murasky, Senior Litigation Counsel, were on the response of petitioner Commonwealth of Massachusetts, et al., to the petition for rehearing filed by the Environmental Protection Agency., Charles H. Knauss, Robert V. Zener, and Robert S. Taylor were on the petition for rehearing filed by the Industry Petitioners.


• For Appellees:
  
• Norman W. Fichthorn and Lucinda Minton Langworthy were on the petition for rehearing filed by Intervenor-Respondents American Chemistry Council, et al.