United States DC Circuit

Petition for review of a final rule promulgated to regulate "hot spot" analyses undertaken as part of the transportation conformity determinations required by the Clean Air Act is granted in part and remanded for respondent either to interpret Clean Air Act section 176(c)(1)(B)(iii) in harmony with sections 176(c)(1)(B)(i) and (B)(ii) or to explain why it need not do so.

Appellate Information

• Argued 10/19/2007
• Decided 12/11/2007
• Published 12/11/2007

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert E. Yuhnke argued the cause for petitioners.   With him on the briefs was Joanne M. Spalding.


• For Appellees:
  
• David J. Kaplan, Attorney, U.S. Department of Justice, argued the cause for respondents.   With him on the brief was John C. Cruden, Deputy Assistant Attorney General.