Louisiana Environmental Action Network v. United States Environmental Protection Agency

CARL E. STEWART, Circuit Judge:

The Louisiana Environmental Action Network (“LEAN”) petitions for review of several final rules by the Environmental Protection Agency (“EPA”), pursuant to the Clean Air Act (“CAA” or “the Act”), 42 U.S.C. § 7401, et seq., approving revisions to the state implementation plans for ozone in the Baton Rouge, Louisiana area. Previously, in Sierra Club v. EPA, 314 F.3d 735, 741 (5th Cir.2002), we held that EPA’s allowance of an attainment deadline extension for a nonattainment area subverts the plain meaning of the CAA.

Arising out of the shadows of our ruling in…