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NATIONAL ENVIRONMENTAL DEVELOPMENT ASS'N v. E.P.A.

Nos. 10-1252, 10-1254, 10-1255, 10-1256, 10-1258, 10-1259, 11-1073, 11-1080, 11-1081, 11-1090, 11-1092.

686 F.3d 803 (2012)

NATIONAL ENVIRONMENTAL DEVELOPMENT ASSOCIATION'S CLEAN AIR PROJECT, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Louisiana Department of Environmental Quality, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 20, 2012.

Attorney(s) appearing for the Case

Paul M. Seby , Special Assistant Attorney General, Office of the Attorney General for the State of North Dakota, et al., argued the cause for petitioner State of North Dakota. Mark W. DeLaquil argued the cause for petitioner ASARCO LLC. With them on the briefs were Wayne Stenehjem , Attorney General, Office of the Attorney General for the State of North Dakota, Margaret I. Olson , Assistant Attorney General, Andrea Bear Field , Lucinda Minton Langworthy , Robert N. Steinwurtzel , Leslie Sue Ritts , Benjamin Joseph Alke , Robert K. Baldwin , Marty J. Jackley , Attorney General, Office of the Attorney General for the State of South Dakota, Roxanne Giedd , Deputy Attorney General, Catherine Cortez Masto , Attorney General, Office of the Attorney General for the State Nevada, Jasmine K. Mehta , Deputy Attorney General, James D. "Buddy" Caldwell , Attorney General, Office of the Attorney General for the State of Louisiana, Megan K. Terrell , Assistant Attorney General, Herman Robinson , Donald J. Trahan , Deidra L. Johnson , Gregory W. Abbott , Attorney General, Office of the Attorney General for the State of Texas, and Nancy E. Olinger , Assistant Attorney General. Nhu Q. Nguyen , Senior Deputy Attorney General, Office of the Attorney General for the State of Nevada, entered an appearance.

Madison B.C. Miller was on the brief for amicus curiae Oklahoma Department of Environmental Quality in support of state petitioners, non-state petitioners and supporting intervenors.

Norman L. Rave Jr. , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Steven Silverman , Attorney, United States Environmental Protection Agency, and Michael Thrift , Attorney.

Seth L. Johnson and David S. Baron were on the brief for respondent-intervenors American Lung Association, et al.

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

Several states and state regulatory agencies, together with corporations and industrial associations, petition for review of the Environmental Protection Agency's rule entitled "Primary National Ambient Air Quality Standard for Sulfur Dioxide," and of the subsequent denial of petitions for reconsideration of the standard. Petitioners contend, first, that EPA failed to follow notice-and-comment rulemaking procedures, and second, that the agency...

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