ATK Launch Systems v. EPA, No. 09-9561 (10th Cir. 2011)
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Under the federal Clean Air Act, the Environmental Protection Agency (EPA) is charged with establishing national ambient air quality standards (NAAQS) for various air pollutants. In this case, the Tenth Circuit consolidated several petitions that challenged the EPA's inclusion of portions of Box Elder County, Utah in a "nonattainment" area to the NAAQS for fine particulate matter. The EPA moved to dismiss the petitions or to transfer the petitions to the DC Circuit Court, arguing that the Clean Air Act's judicial review provision designated the DC Circuit as the proper forum. Upon review of the briefs submitted in this matter and the applicable legal authority, the Tenth Circuit transferred the petitions to the DC Circuit Court.
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