United States DC Circuit

In a petition for review of the EPA's area designations for the annual national ambient air quality standard applicable to fine particulate matter, the petition is denied where the EPA satisfied its basic obligation of reasoned decisionmaking in making the designations.

Appellate Information

• Argued 04/06/2009
• Decided 07/07/2009
• Published 07/07/2009

Judges

• Before:  TATEL, GARLAND, and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Marc D. Machlin argued the cause and filed the briefs for petitioner Oakland County, MI., Louis E. Tosi argued the cause for Industry Petitioners.   With him on the briefs were Paul E. Gutermann, Charles L. Franklin, Douglas A. McWilliams, Allen A. Kacenjar, Michael E. Born, Cheri Ann Budzynski, Gale Lea Rubrecht, Kathy G. Beckett, David M. Flannery, and Edward L. Kropp., Andrew M. Cuomo, Attorney General, Attorney General's Office of the State of New York, Michael J. Myers and Jacob Hollinger, Assistant Attorney Generals, Mark Rudolph, Senior Counsel, Office of Legal Services, West Virginia, Steve Carter, Attorney General, Attorney General's Office of the State of Indiana, Steve D. Griffin and Valerie Tachtiris, Deputy Attorneys General, and Thomas M. Fisher, Special Counsel, were on the briefs of State Petitioners., Karma Barsam Brown, Phillip L. Conner, Ronald E. Cardwell, Ethan R. Ware, George William House, S. Kyle Woosley, and Lewis S. Wiener were on the briefs for County Petitioners., David S. Baron and Jennifer C. Chavez were on the brief for intervenor.  Howard I. Fox entered an appearance.


• For Appellees:
  
• Laurel A. Bedig and Monica Derbes Gibson, Attorneys, and Jon M. Lipshultz, Senior Counsel, U.S. Department of Justice, argued the cause for respondent.   With them on the brief were John C. Cruden, Deputy Assistant Attorney General, Jessica O'Donnell, Attorney, and Geoffrey L. Wilcox, Counsel, U.S. Environmental Protection Agency.  Kenneth C. Amaditz, Attorney, U.S. Department of Justice, entered an appearance.