State of North Dakota, State ) of Nevada, State of Louisiana ) and Louisiana Department of ) Environmental Quality, ~

UNITEO"ID'AIES COORT OfAl'PEALS FOR CIRCUIT DISTRICTQF·aoL.U~~tA-

CLERK

STATE OF NORTH DAKOTA, STATE ) OF NEVADA, STATE OF LOUISIANA ) AND LOUISIANA DEPARTMENT OF ) ENVIRONMENTAL QUALITY, ~

Petitioners, ) PETITION FOR REVIEW ) v. ) ) UNITED STATES ENVIRONMENTAL. ) PROTECTION AGENCY, ) ) Respondent.

Pursuant to 42 U.S.C. §7607(b) the State of North Dakota ("North Dakota"), the State of Nevada, the State of Louisiana and the Louisiana Department of

Environmental Quality hereby petition the Court for judicial review of the Final

Rule of the United States Environmental Protection Agency ("EPA") entered on

January 26,2011, entitled, "Part III; 40 C.F.R. Parts 50, 53, and 58: Denial of the

Petitions to Reconsider the Final Rule Promulgating the Primary National Ambient

Air Quality Standard for Sulfur Dioxide" ("S02 Rule") as published in the Federal

Venue is proper in this Court pursuant to 42 U.S.C. § 7607(b) because

Petitioner( s) seeksjudiciai review of a decision of the EPA Administrator related to the promulgation of a national ambient air quality standard. Petitioner North

Dakota was a party to the underlying S02 rulemaking and filed with EPA a Petition for Reconsideration of the S02 Rule.

Respectfully submitted,

STATE OF NORTH DAKOTA WAYNE STENEHJEM ATTORNEY GENERAL

By: P ulM.Seby Special Assistant Attorn y General Moye White LLP 1400 16th Street, 6th floor Denver, CO 80202 Telephone: (303) 292-2900 Facsimile: (303) 292-4510 [email protected]

Margaret I. Olson Assistant Attorney General State Bar ID No. 06352 Office of Attorney General 500 North 9th Street Bismarck, ND 58501-4509 Telephone: (701) 328-3640 Facsimile: (701) 328-4300 [email protected]

2 STATE OF NEVADA CATHERINE CORTEZ MASIO A TTORNEY GENERAL

By: u Q. Nguyen Senior Deputy Attorney General Office of the Nevada Attorney General US Court of Appeals, D.C. No. 46440 100 North Carson Street Carson City, Nevada 89701-4717 Telephone: (775) 684-1232 [email protected]

Attorneys for State of Nevada, Department of Conservation and Natural Resources

JAMES D. "BUDDY" CALDWELL A TTORNEY GENERAL STATE OF LOUISIANA

By: egal K. Terre I Assistant Attorney Gene Louisiana Department of Justice 1885 North Third Street Baton Rouge, LA 70802 Telephone (225) 326-6085 Facsimile (225) 326-6099 [email protected]

3 LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY HERMAN ROBINSON, EXECUTIVE COUNSEL (LA# 2077)

By: nald Trahan, ~ orne ( A# 08493, DC Circui ~7700) Deidra Johnson (LA# 23501) 9ffice of the Secretary Legal Division P.O. Box 4302 Baton Rouge, LA 70821-4302 Telephone: (225) 219-3985 Facsimile: (225) 216-4068 Donald. [email protected]

4 CERTIFICATE OF SERVICE

I certify that on the 25 th day of March, 2011, a copy of the foregoing Petition for Review by the State of North Dakota, the State of Nevada, the State of Louisiana and the Louisiana Department of Environmental Quality, was served on the following parties by FedEx overnight delivery:

Lisa P. Jackson, Administrator U.S. Environmental Protection Agency U.S. EPA Headquarters Ariel Rios Building 1200 Pennsylvania Ave., NW Washington, DC 20460

Eric Holder, Attorney General U.S. Department of Justice 950 Pennsylvania Ave., NW ( Washington, DC 20530