ORAL ARGUMENT NOT SCHEDULED
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UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
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COALITION FOR RESPONSIBLE REGULATION,
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INC., et al.,
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Petitioners,
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Case No. 09-1322
v.
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UNITED STATES ENVIRONMENTAL
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PROTECTION AGENCY,
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Respondent.
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MOTION FOR LEAVE TO INTERVENE AS RESPONDENTS
The Commonwealth of Massachusetts and the States of Arizona, California, Connecticut,
Delaware, Iowa, Illinois, Maine, Maryland, New Hampshire, New Mexico, New York, Oregon,
Rhode Island, Vermont, and Washington, and the City of New York (collectively, “Proposed
Intervenors”) hereby move for leave to intervene as party respondents in this action for the
reasons set forth below.
BACKGROUND
1.
Under Section 307(b)(1) of the Clean Air Act (“CAA”), 42 U.S.C. § 7607(b)(1),
the Coalition for Responsible Regulation, Inc., et al., filed a Petition for Review with this Court
on December 23, 2009, for review of the final action of respondent United States Environmental
Protection Agency (“EPA”) published in the Federal Register at 74 Fed. Reg. 66496, et seq.,
(Dec. 15, 2009), and titled “Endangerment and Cause or Contribute Findings for Greenhouse
Gases Under Section 202(a) of the Clean Air Act; Final Rule.”
2.
EPA issued the Final Rule in direct response to the Supreme Court’s decision in
Massachusetts v. EPA, 549 U.S. 497 (2007). 74 Fed. Reg. 66499/2. Massachusetts v. EPA
Case: 09-1322 Document: 1227011 Filed: 01/22/2010 Page: 1
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involved review of EPA’s denial of a 1999 petition for rulemaking submitted by the International
Center for Technology Assessment (“ICTA”), and 18 other environmental and renewable energy
industry organizations, requesting that EPA issue standards under CAA § 202(a) for emissions of
carbon dioxide, methane, nitrous oxide and hydrofluorocarbons from new motor vehicles and
engines (“202 Petition