Testo completo
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 08-1200 September Term, 2013
EPA-73FR16436
EPA-73FR16436-01
Filed On: December 11, 2013
State of Mississippi,
Petitioner
v.
Environmental Protection Agency,
Respondent
------------------------------
County of Nassau, et al.,
Intervenors
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Consolidated with 08-1202, 08-1203, 08-1204,
08-1206
BEFORE: Tatel, Brown, and Griffith, Circuit Judges
O R D E R
Upon consideration of the petition of the petitioners’ American Lung Association, et
al., for panel rehearing joined by the State petitioners, and the responses thereto, it is
ORDERED that the petition for panel rehearing be granted in part and denied in part.
It is
FURTHER ORDERED that the opinion be amended as follows:
Slip Op. at p. 32, lines 3-5:
Delete “for egregious procedural errors, such as EPA’s failure to consider sensitive
sub-populations, like asthmatics, children, or the elderly.” and
Insert in lieu thereof: “because EPA acted arbitrarily and capriciously by, for example,
failing to give appropriate consideration to key aspects of the ‘margin of safety’ inquiry, such
as how pollution thresholds might impact sensitive sub-populations, such as asthmatics,
children, or the elderly.”
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Jennifer M. Clark
Deputy Clerk
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