NATIONAL MIN. ASS'N v. McCARTHY

Attorney(s) appearing for the Case

Matthew Littleton , Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Robert G. Dreher , Acting Assistant Attorney General, Aaron P. Avila , Michael T. Gray , Cynthia J. Morris , Kenneth C. Amaditz , Attorneys, and Ann D. Navaro , Attorney, Office of the Chief Counsel United States Army Corps of Engineers.

Emma C. Cheuse argued the cause for appellants Sierra Club, et al. With her on the briefs were Jennifer C. Chavez and Derek O. Teaney.

Kirsten L. Nathanson argued the cause for appellees National Mining Association and Kentucky Coal Association. With her on the brief were John C. Martin , David Y. Chung , Mindy G. Barfield , and Sadhna G. True.

Benjamin L. Bailey argued the cause for appellees State of West Virginia, et al. Mary Stephens argued the cause for appellee Commonwealth of Kentucky. With them on the brief were Michael B. Hissam , Patrick Morrissey , Attorney General, Office of the Attorney General for the State of West Virginia, Elbert Lin , Solicitor General, Mindy G. Barfield , and Sadhna G. True.

Luther J. Strange III , Attorney General, Office of the Attorney General of the State of Alabama, John C. Neiman Jr. , Solicitor General, Andrew L. Brasher , Deputy Solicitor General, Jon C. Bruning , Attorney General, Office of the Attorney General for the State of Nebraska, Mike Dewine , Attorney General, Office of the Attorney General for the State of Ohio, Scott Pruitt , Attorney General, Office of the Attorney General for the State of Oklahoma, Alan Wilson , Attorney General, Office of the Attorney General for the State of South Carolina, Ken Cuccinelli , Attorney General at the time the brief was filed, Office of the Attorney General for the Commonwealth of Virginia, Michael C. Geraghty , Attorney General, Office of the Attorney General for the State of Alaska, Pamela Jo Bondi , Attorney General, Office of the Attorney General for the State of Florida, Derek Schmidt , Attorney General, Office of the Attorney General for the State of Kansas, Bill Schuette , Attorney General, Office of the Attorney General for the State of Michigan, and Timothy C. Fox , Attorney General, Office of the Attorney General for the State of Montana, were on the brief for amici curiae States of Alabama, et al. in support of appellees.

Karma B. Brown , Peter C. Tolsdorf , M. Reed Hopper , Ellen Steen , Thomas Ward , Quentin Riegel , Kristy A.N. Bulleit , and Andrew J. Turner were on the brief for amici curiae American Farm Bureau Federation, et al. in support of appellees.

Opinion for the Court filed by Circuit Judge KAVANAUGH.