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SIERRA CLUB v. ENVIRONMENTAL PROTECTION AGENCY

No. 03-1202, 06-1013.

479 F.3d 875 (2007)

SIERRA CLUB, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Brick Industry Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 13, 2007.

Attorney(s) appearing for the Case

James S. Pew argued the cause and filed the briefs for petitioner.

Eric G. Hostetler, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was John C. Cruden, Deputy Assistant Attorney. Kerry E. Rodgers, Attorney, U.S. Environmental Protection Agency, entered an appearance.

Christopher L. Rissetto and Howard L. Gilberg were on the brief for intervenors the Brick Industry Association, et al. in support of respondent.

Before: GINSBURG, Chief Judge, TATEL, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed PER CURIAM.

Concurring opinion filed by Senior Circuit Judge WILLIAMS.

PER CURIAM:

In this case, the Sierra Club challenges the Environmental Protection Agency's air pollution standards for brick and ceramics kilns. Because most of the standards violate the Clean Air Act as interpreted by this Court in Cement Kiln Recycling Coalition v. EPA, 255 F.3d 855 (D.C.Cir. 2001) (per curiam...

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