United States DC Circuit

In a petition for review of the EPA's authorization of California's rule regulating the emissions from transportation refrigeration units in trucks, the petition is denied where: 1) the EPA's analysis of the issue of whether the rule was necessary "to meet compelling and extraordinary conditions" in California was reasonable and reasonably explained; 2) the California rule did not require any other state to adopt California's approach, and it did not apply anywhere but in California, and only to vehicles that entered California; and 3) the EPA gave appropriate consideration to the cost of compliance.

Appellate Information

• Argued 10/02/2009
• Decided 04/02/2010
• Published 04/02/2010

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Anthony L. Michaels argued the cause for petitioners. With him on the briefs were Robert Digges, Chief Counsel, ATA Litigation Center, and Thomas Richichi., Edmund G. Brown Jr., Attorney General of the State of California, Matt Rodriquez, Chief Assistant Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, Kathleen A. Kenealy, Deputy Attorney General, and Gavin G. McCabe, Deputy Attorney General, were on the brief for Intervenor California Air Resources Board., Colin O'Brien, Aaron Colangelo, David Pettit, Melissa Lin Perrella, and Bart Lounsbury were on the brief for Intervenors Natural Resources Defense Council, et al.


• For Appellees:
  
• David J. Kaplan, U.S. Department of Justice, Environmental Defense Section, argued the cause for respondents. With him on the brief were John C. Cruden, Acting Assistant Attorney General, and Michael Horowitz, United States Environmental Protection Agency, Office of General Counsel., Kurt R. Weise and Barbara B. Baird were on the brief for amicus curiae South Coast Air Quality Management District in support of respondents.