United States DC Circuit

Petitioner's petition for review of EPA air quality regulations is denied, where: 1) Petitioner failed to object to the EPA's definition of "natural event" during the rulemaking process; and 2) the preamble to the regulations was not a final agency action, and thus was not reviewable under the Clean Air Act.

Appellate Information

• Argued 10/08/2008
• Decided 03/20/2009
• Published 03/20/2009

Judges

• Before:  HENDERSON, RANDOLPH and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Colin C. O'Brien argued the cause for petitioner.   With him on the briefs was John Walke., Peter S. Glaser argued the cause for intervenor.   With him on the brief were Norman W. Fichthorn, Julie Anna Potts, and Harold P. Quinn Jr.Richard E. Schwartz entered an appearance.


• For Appellees:
  
• Joshua M. Levin, Attorney, U.S. Department of Justice, argued the cause for respondent.   With him on the brief was John C. Cruden, Deputy Assistant Attorney General.