American Lung Association, et al. v. United States Environmental Protection Agency, et al.

As part of the Ozone NAAQS Litigation Group (ONLG), NCLC moved to intervene in defense of the EPA’s decision to withdraw the agency’s voluntary reconsideration of the national ambient air quality standards (NAAQS) for ozone. Environmentalist groups sued the EPA to challenge its withdrawal of the $90 billion proposed ozone regulations. The motion argued that intervention should be granted because without the withdrawal of the reconsidered ozone standards, businesses would be subjected to heightened and costly new regulations. The motion also explained that intervention is appropriate because neither the environmentalist petitioners nor the agency defendant could adequately represent the interests of the business community.  

The U.S. Court of Appeals for the D.C. Circuit granted EPA's motion to dismiss the petition for review brought by environmental groups challenging EPA's decision not to complete its reconsideration of the 2008 Ozone NAAQS.

Motion for leave to intervene as respondents filed 11/10/2011. Decided 2/17/2012.