American Road & Transp. Builders Ass'n. v. EPA, No. 08-1381

In a petition for review of certain EPA Clean Air Act regulations, the petition is dismissed where National Mining Ass'n. v. U.S. Dept. of Interior, 70 F.3d 1345 (D.C. Cir. 1995), required the court to treat petitioner's petition to the EPA as a challenge to the regulations it sought revised, and judicial review of such a challenge was time-barred under Clean Air Act section 307(b)(1).

Read American Road & Transp. Builders Ass'n. v. EPA, No. 08-1381

Appellate Information

Argued November 9, 2009

Decided December 11, 2009

Judges

Opinion by Judge Williams

Counsel

For Petitioner:

Lawrence J. Joseph and Nick Goldstein, Law Office of Lawrence J. Joseph, Washington, DC

For Respondent:

David Gunter, John C. Cruden and Michael Horowitz, U.S. Environmental Protection
Agency, Washington, DC