550 F.3d 1176 (D.C. Cir. 2008), 05-1244, North Carolina v. E.P.A.
|Docket Nº:||05-1244, 05-1246, 05-1249, 05-1250, 05-1251, 05-1252, 05-1253, 05-1254, 05-1256, 05-1259, 05-1260, 05-1262, 06-1217, 06-1222, 06-1224, 06-1226, 06-1227, 06-1228, 06-1229, 06-1230, 06-1232, 06-1233, 06-1235, 06-1236, 06-1237, 06-1238, 06-1240, 06-1241, 06-1242, 06-1243, 06-1245, 07-1115.|
|Citation:||550 F.3d 1176|
|Party Name:||State of NORTH CAROLINA, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Utility Air Regulatory Group, et al., Intervenors.|
|Case Date:||December 23, 2008|
|Court:||United States Courts of Appeals, Court of Appeals for the District of Columbia Circuit|
On Petitions for Rehearing.
James C. Gulick, Marc D. Bernstein, John C. Evans, J. Allen Jernigan, Attorney General's Office of State of North Carolina, North Carolina Department of Justice, Raleigh, NC, for Petitioner.
Norman Louis Rave, Jr., U.S. Department of Justice, John Charles Cruden, Assistant Attorney General, (DOJ) Environment & Natural Resources Division, Steven E. Silverman, Geoffrey L. Wilcox, U.S. Environmental Protection Agency (EPA) Office of General Counsel, Washington, DC, for Respondent.
Norman William Fichthorn, Allison D. Wood, Hunton & Williams LLP, John Duval Walke, Esq., Natural Resources Defense Council, Sean H. Donahue, Law Office of Sean H. Donahue, Claudia Margaret O'Brien, Nathan Harold Seltzer, Latham & Watkins LLP, Peter S. Glaser, Troutman Sanders, LLP, Harold Patrick Quinn, Jr., National Mining Associaton, Washington, DC, C. Grady Moore, III, Philip Stephen Gidiere, III, Balch & Bingham, Birmingham, AL, Vickie Lynn Patton, Environmental Defense Fund, Boulder, CO, for Intervenors.
Before: SENTELLE, Chief Judge, and ROGERS and BROWN, Circuit Judges.
Opinion concurring in part filed by Circuit Judge ROGERS.
In these consolidated cases, we considered petitions for review challenging various aspects of the Clean Air Interstate Rule (“ CAIR" ). On July 11, 2008, we issued an opinion, in which we found “ more than several fatal flaws in the rule." North Carolina v. EPA, 531 F.3d 896, 901 (D.C.Cir.2008) (per curiam). In light of the fact that the Environmental Protection Agency (“ EPA" ) adopted CAIR as an integral action, we vacated the rule in its entirety and remanded to EPA to promulgate a rule consistent with our opinion. Id. at 929-30.
On September 24, 2008, Respondent EPA filed a petition for rehearing or, in the alternative, for a remand of the case without vacatur. On October 21, 2008, we issued an order on our own motion directing the parties to file a response to EPA's petition. (Order at 1, Oct. 21,...
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