United States DC Circuit

In a petition for review of certain EPA Clean Air Act regulations, the petition is dismissed where National Mining Ass'n. v. U.S. Dept. of Interior, 70 F.3d 1345 (D.C. Cir. 1995), required the court to treat petitioner's petition to the EPA as a challenge to the regulations it sought revised, and judicial review of such a challenge was time-barred under Clean Air Act section 307(b)(1).

Appellate Information

• Argued 11/09/2009
• Decided 12/11/2009
• Published 12/11/2009

Judges

• Before:  GARLAND and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Lawrence J. Joseph argued the cause for petitioner.   With him on the brief was Nick Goldstein.


• For Appellees:
  
• David Gunter, 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 Michael Horowitz, Attorney, U.S. Environmental Protection Agency., Kathleen A. Kenealy, Deputy Attorney General, Attorney General's Office for the State of California, argued the cause for intervenors California Air Resources Board, et al. in support of respondent.   With her on the brief were Edmund G. Brown, Jr., Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, Kurt R. Wiese, and Barbara Baird.  Aaron S. Colangelo entered an appearance., Louis P. Warchot and Michael J. Rush were on the brief for intervenor Association of American Railroads in support of respondent., Vickie L. Patton and Sean H. Donahue were on the brief for amici curiae American Lung Association, et al. in support of respondent.