United States DC Circuit

North Carolina's petition for review of a final rule of the EPA removing the northern part of the State of Georgia from EPA's regulations under its national ambient air quality standard (NAAQS) for ozone measured during a one-hour period, the petition is dismissed where reinstating Georgia under that standard would not lower Georgia's emissions and thus North Carolina failed to meet the redressability requirement for Article III standing.

Appellate Information

• Argued 10/16/2009
• Decided 11/24/2009
• Published 11/24/2009

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Marc D. Bernstein, Special Deputy Attorney General, North Carolina Department of Justice, argued the cause for petitioner.   With him on the briefs were Roy Cooper, Attorney General, and James C. Gulick, Senior Deputy Attorney General, and Allen Jernigan, Special Deputy Attorney General., Thurbert E. Baker, Attorney General, and John E. Hennelly and Diane L. DeShazo, Senior Assistant Attorneys General, were on the brief for intervenor Georgia Environmental Protection Division, Department of Natural Resources, State of Georgia.


• For Appellees:
  
• Perry M. Rosen, Attorney, U.S. Department of Justice, argued the cause for respondent.   With him on the brief were John C. Cruden, Acting Assistant Attorney General, and Sonja Rodman, Counsel, U.S. Environmental Protection Agency.  David S. Gualtieri, Attorney, U.S. Department of Justice, entered an appearance., Margaret Claiborne Campbell argued the cause for intervenor Georgia Coalition for Sound Environmental Policy, Inc. in support of respondent.   With her on the brief was Byron W. Kirkpatrick.