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North Carolina v. EPA, No. 08-1225

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.

Read North Carolina v. EPA, No. 08-1225

Appellate Information

Argued October 16, 2009

Decided November 24, 2009


Opinion by Judge Rogers


For Petitioner:

Marc D. Bernstein, Roy Cooper, James C. Gulick and Allen Jernigan, North Carolina Department of Justice

For Respondent:

Perry M. Rosen, John C. Cruden, Sonja Rodman and David S. Gualtieri, U.S. Department of Justice, Washington, DC