NATURAL RESOURCES DEFENSE COUNCIL, Sierra Club, Environmental Integrity Project, Petitioners
v.
ENVIRONMENTAL PROTECTION AGENCY and Stephen L. Johnson, Administrator, United States Environmental Protection Agency, Respondents
Coalition for Responsible Waste Incineration et al; Utility Air Regulatory Group; Utility Solid Waster Activities Group et al., Intervenors
American Municipal Power-Ohio, Inc.; City of Dover, Ohio; City of Hamilton, Ohio; City of Orville, Ohio; City of Painesville, Ohio, City of Shelby, Ohio; City of St. Marys, Ohio, Petitioners
v.
Environmental Protection Agency, Respondent
Natural Resources Defense Council; Environmental Integrity Project, Petitioners
v.
Environmental Protection Agency and Stephen L. Johnson, Administrator, United States Environmental Protection Agency, Respondents
Louisiana Environmental Action Network; Sierra Club, Petitioners
v.
Environmental Protection Agency, Respondent
Utility Solid Waster Activities Group et al., Intervenors
Natural Resources Defense Council; Sierra Club; Environmental Integrity Project, Petitioners
v.
Environmental Protection Agency; Stephen L. Johnson, Administrator, United States Environmental Protection Agency, Respondents
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 23, 2007.
Decided June 8, 2007.
Attorney(s) appearing for the Case
James S. Pew argued the cause for the Environmental Petitioners. John D. Walke was on brief.
Douglas A. McWilliams argued the cause for the Municipal Petitioners. Allen A. Kacenjar was on brief.
Stuart Rabner, Attorney General, and Maurice A. Griffin and Kevin P. Auerbacher, Deputy Attorneys General, State of New Jersey; Robert J. Spagnoletti, Attorney General at the time the brief was filed, Todd S. Kim, Solicitor General, and Donna M. Murasky, Assistant Attorney General, District of Columbia; Eliot Spitzer, Attorney General at the time the brief was filed, and Jacob E. Hollinger and J. Jared Snyder, Assistant Attorneys General, State of New York; G. Steven Rowe, Attorney General, and Gerald D. Reid, Assistant Attorney General, State of Maine, were on brief for amici curiae the State of New Jersey et al. in support of the Environmental Petitioners. Edward E. Schwab, Deputy Attorney General, District of Columbia, Peter H. Lehner, Assistant Attorney General, State of New York, and Jean P. Reilly, Assistant Attorney General, State of New Jersey, entered appearances.
Geoffrey M. Klineberg and Mary Ann McGrail were on brief for amici curiae State and Territorial Air Pollution Program Administrators and the Association of Local Air Pollution Control Officials in support of the Environmental Petitioners.
Pamela S. Tonglao, Norman L. Rave, Jr. and Catherine M. Wannamaker, Attorneys, United States Department of Justice, argued the cause for the respondents. Brian L. Doster, Counsel, United States Environmental Protection Agency, was on brief. Michele L. Walter, Attorney, United States Department of Justice, entered an appearance.
Douglas H. Green argued the cause for intervenors Utility Solid Waste Activities Group et al. in support of the respondents. James R. Rathvon and Aaron J. Wallisch were on brief. Richard S. Wasserstrom entered an appearance.
Claudia M. O'Brien argued the cause for the Industry Intervenors in support of the respondents. Cassandra Sturkie and Ronald A. Shipley were on brief. Craig S. Harrison, Lee B. Zeugin, Leslie A. Hulse and William F. Lane entered appearances.
Marc D. Machlin and Charles H. Carpenter were on brief for amicus curiae Rubber Manufacturers Association in support of the respondents.
Scott H. Segal was on brief for amicus curiae American Boiler Manufacturers Association in support of the respondents.
Before: HENDERSON, RANDOLPH and ROGERS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge HENDERSON.
Concurring opinion filed by Circuit Judge RANDOLPH.
Opinion concurring in part and dissenting in part filed by Circuit Judge ROGERS.
KAREN LeCRAFT HENDERSON, Circuit Judge.
We address in this proceeding five petitions seeking review of two separate rules promulgated by the Environmental Protection Agency (EPA): (1) the National Emission Standards for Hazardous Air Pollutants for Industrial...
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