United States DC Circuit

In an action challenging an EPA rule preventing state and local authorities from supplementing emissions-monitoring requirements under the Clean Air Act (CAA), petition for review is granted in part and denied in part where: 1) the rule preventing supplementing of requirements was unambiguously precluded by Title V of the CAA; but 2) the monitoring requirements enumerated in 40 C.F.R. section 70 were consistent with the mandate of the CAA.

Appellate Information

• Argued 02/08/2008
• Decided 08/19/2008
• Published 08/19/2008

Judges

• Before:  SENTELLE, Chief Judge, and GRIFFITH and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Keri N. Powell argued the cause for petitioners.   With her on the briefs was David S. Baron.  John D. Walke entered an appearance., Lauren E. Freeman argued the cause for intervenors.   With her on the brief were Charles H. Knauss, Leslie S. Ritts, Susan Conti, Richard S. Wasserstrom, William H. Lewis, and M. Elizabeth Cox.Ralph J. Colleli, Jr. entered an appearance.


• For Appellees:
  
• Cynthia J. Morris, Attorney, U.S. Department of Justice, argued the cause for respondent.   With her on the brief was John C. Cruden, Deputy Assistant Attorney General.  Christopher S. Vaden, David J. Kaplan, Jon M. Lipshultz, Attorneys, U.S. Department of Justice, and Nancy A. Ketcham-Colwill and Kerry E. Rodgers, Counsel, U.S. Environmental Protection Agency, entered appearances.