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SIERRA CLUB DE PUERTO RICO v. E.P.A.

No. 14-1138.

815 F.3d 22 (2016)

SIERRA CLUB DE PUERTO RICO, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and Gina McCarthy, Respondents. Energy Answers Arecibo, LLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 4, 2016.

Attorney(s) appearing for the Case

Christopher D. Ahlers argued the cause for petitioners. With him on the briefs was Douglas A. Ruley.

Andrew J. Doyle , Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the briefs were John C. Cruden , Assistant Attorney General, Brian L. Doster and Elliott Zenick , Counsel, U.S. Environmental Protection Agency.

Brendan K. Collins argued the cause and filed the brief for intervenor Energy Answers Arecibo, LLC.

Opinion for the Court filed by Circuit Judge WILKINS.

There is a lead problem in Arecibo, Puerto Rico, where Intervenor-Respondent, Energy Answers Arecibo LLC, seeks to build a waste incinerator. Energy Answers obtained both federal and state1 permits for the project as required under the Clean Air Act (...

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