AMERICAN FARM BUREAU FEDERATION v. E.P.A.

Nos. 06-1410, 06-1411, 06-1415, 06-1416, 06-1417.

559 F.3d 512 (2009)

AMERICAN FARM BUREAU FEDERATION and National Pork Producers Council, Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent American Chemistry Council, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 24, 2009.


Attorney(s) appearing for the Case

Michael J. Myers, Assistant Attorney General, Attorney General's Office of State of New York, argued the cause for State Petitioners and State Amici. With him on the briefs were Andrew M. Cuomo, Attorney General, Barbara D. Underwood, Solicitor General, and Katherine Kennedy, Assistant Attorney General, Terry Goddard, Attorney General, Attorney General's Office of the State of Arizona, Joseph P. Mikitish, Assistant Attorney General, Edmund G. Brown, Jr., Attorney General, Attorney General's Office of the State of California, Theodora Berger, Senior Assistant Attorney General, Susan L. Durbin, Deputy Attorney General, Richard Blumenthal, Attorney General, Attorney General's Office of the State of Connecticut, Kimberly Massicotte, Assistant Attorney General, Joseph R. Biden, III, Attorney General, Attorney General's Office of the State of Delaware, Valerie S. Csizmadia, Deputy Attorney General, Lisa Madigan, Attorney General, Attorney General's Office of the State of Illinois, Thomas Davis, Assistant Attorney General, G. Steven Rowe, Attorney General, Attorney General's Office of the State of Maine, Gerald D. Reid, Assistant Attorney General, Douglas F. Gansler, Attorney General, Attorney General's Office of the State of Maryland, Kathy M. Kinsey, Roberta R. James, and Mary Raivel, Assistant Attorneys General, Martha Coakley, Attorney General, Attorney General's Office for the Commonwealth of Massachusetts, William L. Pardee, Assistant Attorney General, Kelly A. Ayotte, Attorney General, Attorney General's Office of the State of New Hampshire, Maureen D. Smith, Senior Assistant Attorney General, Ann Milgram, Attorney General, Attorney General's Office of the State of New Jersey, Kevin P. Auerbacher and Jung Kim, Deputy Attorneys General, Gary King, Attorney General, Attorney General's Office of the State of New Mexico, Stephen R. Farris, Assistant Attorney General, Tracy M. Hughes, William G. Grantham, and Karen L. Reed, Special Assistant Attorneys General, Hardy Myers, Attorney General, Attorney General's Office of the State of Oregon, Philip Schradle, Special Counsel, Kristen M. Campfield, Associate Counsel, The Commonwealth of Pennsylvania, Department of Environmental Protection, Patrick C. Lynch, Attorney General, Attorney General's Office of the State of Rhode Island, Tricia K. Jedele, Special Assistant Attorney General, William H. Sorrell, Attorney General, Attorney General's Office of State of Vermont, Kevin O. Leske, Assistant Attorney General, Peter J. Nickles, Interim Attorney General, Attorney General's Office of the District of Columbia, Todd S. Kim, Solicitor General, Donna M. Murasky, Senior Assistant Attorney General, Kurt R. Wiese, District Counsel, South Coast Air Quality Management District, and Barbara Baird, Principal Deputy District Counsel. J. Jared Snyder, Assistant Attorney General, Attorney General's Office of State of New York, and Kristen C. Furlan, Attorney, The Commonwealth of Pennsylvania, Department of Environmental Protection, entered appearances.

Paul R. Cort argued the cause for Environmental Petitioners. With him on the briefs were Erin M. Tobin, Deborah S. Reames, and David S. Baron.

Denise W. Kennedy and Richard E. Schwartz argued the cause for Industry Petitioners. With them on the briefs were Kirsten L. Nathanson, Lawrence E. Volmert, Robert T. Connery, John F. Shepherd, Gary H. Baise, and Julie Anna Potts. John J. Zimmerman entered an appearance.

Hope M. Babcock was on the joint brief for Health Amici.

Norman L. Rave, Jr., and Brian H. Lynk, Attorneys, U.S. Department of Justice, argued the cause for respondent. With them on the brief were John C. Cruden, Deputy Assistant Attorney General, and Steven E. Silverman and John T. Hannon, Attorneys, U.S. Environmental Protection Agency.

F. William Brownell, Allison D. Wood, Lucinda Minton Langworthy, Leslie A. Hulse, Stacy R. Linden, Richard S. Wasserstrom, Robin S. Conrad, and Amar D. Sarwal were on the joint brief of Fine PM Industry Intervenors in support of respondent.

Richard E. Schwartz, Kirsten L. Nathanson, Peter S. Glaser, Robert R. Gasaway, Ashley C. Parrish, Julie Anna Potts, and Harold P. Quinn, Jr., were on the joint Coarse PM NAAQS brief for industry intervenors in support of respondent.

Erin Tobin, Paul Cort, Deborah S. Reames, and David S. Baron were on the brief for intervenors American Lung Association and Environmental Defense.

Thomas J. Ward, Robert R. Gasaway, and Ashley C. Parrish were on the brief of amicus curiae National Association of Home Builders in support of respondent. Duane J. Desiderio entered an appearance.

Opinion for the Court filed PER CURIAM.


PER CURIAM:

In these consolidated cases, we consider several challenges to the Environmental Protection Agency's most recent revision of the National Ambient Air Quality Standards for particulate matter. Because the agency promulgated standards for fine particulate matter that were, in several respects, contrary to law and unsupported by adequately reasoned decisionmaking, we grant the petitions for review in part and remand those standards to the agency for further...

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