United States DC Circuit

Petitions for rehearing regarding vacatur and remand of a final rule implementing the eight-hour national ambient air quality standard for ozone under the Clean Air Act are denied. However, the request to clarify the description of the required conformity determinations and to modify the scope of the vacatur of the 2004 Rule are granted to make explicit that the reference to the conformity determinations speaks only to the use of one-hour motor vehicle emissions budgets as part of eight-hour conformity determinations until eight-hour motor vehicle emissions budgets are available. The 2004 rule is vacated only to the extent that the court has sustained challenges to it.

Appellate Information

• Decided 06/08/2007
• Published 06/08/2007

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.