North Carolina's petition for review of a final rule of the EPA removing the northern part of the State of Georgia from EPA's regulations under its national ambient air quality standard (NAAQS) for ozone measured during a one-hour period is dismissed, where reinstating Georgia under that standard would not lower Georgia's emissions and thus North Carolina failed to meet the redressability requirement for Article III standing.
Argued October 16, 2009
Decided November 24, 2009
Opinion by Judge Rogers
Marc D. Bernstein, Roy Cooper, James C. Gulick and Allen Jernigan, North Carolina Department of Justice