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TREASURE STATE RESOURCE INDUSTRY ASS'N v. E.P.A.

Nos. 13-1263, 13-1264, 14-1164, 14-1093.

805 F.3d 300 (2015)

TREASURE STATE RESOURCE INDUSTRY ASSOCIATION, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY and Gina McCarthy, Administrator, U.S. Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided November 3, 2015.

Attorney(s) appearing for the Case

William W. Mercer argued the cause for petitioner Treasure State Resource Industry Association. Douglas A. McWilliams argued the cause for petitioner United States Steel Corporation. With them on the briefs were John D. Lazzaretti , Emily C. Schilling , Marie Bradshaw Durrant , and Michael P. Manning .

Norman J. Mullen , Special Assistant Attorney General, Office of the Attorney General for the State of Montana, was on the brief for amicus curiae State of Montana in support of remedy of reversal urged by petitioner Treasure State Resource Industry Association in 13-1263 and 14-1164.

Amanda Shafer Berman , Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief were John C. Cruden , Assistant Attorney General, and Mike Thrift , Counsel, U.S. Environmental Protection Agency.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

The Clean Air Act, 42 U.S.C. §§ 7401-7671q, directs the Environmental Protection Agency to establish air concentration levels above which certain pollutants may endanger public health and welfare, called National Ambient Air Quality Standards ("NAAQS"), id. §§ 7408-7409. On June 22, 2010...

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