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11 Jun 2009, 3:17 pm
 For example, on p. 10 of the Disposition, in a footnote, the court states: The petitioners also argue that the fuel burn analysis failed to show the redesign will reduce emissions in all relevant nonattainment and maintenance areas, see 40 C.F.R. 93.153(b), but that argument is not properly before us because the petitioners failed to raise it until their reply brief, Sitka Sound Seafoods, Inc. v. [read post]