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CLEAN AIR COUNCIL v. PRUITT

No. 17-1145.

862 F.3d 1 (2017)

CLEAN AIR COUNCIL, et al., Petitioners v. E. Scott PRUITT, Administrator, Environmental Protection Agency and Environmental Protection Agency, Respondents. American Petroleum Institute, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 3, 2017.

Attorney(s) appearing for the Case

Susannah L. Weaver , Sean H. Donahue , David Doniger , Meleah Geertsma , Tim Ballo , Joel Minor , Adam Kron , Peter Zalzal , Alice Henderson , Vickie Patton , Tomás Carbonell , Andres Restrepo , Joanne Marie Spalding , Ann Brewster Weeks , and Darin Schroeder were on the emergency motion for a stay or, in the alternative, summary vacatur and reply to responses in opposition to emergency motion for a stay or, in the alternative, summary vacatur.

Jeffrey H. Wood , Acting Assistant Attorney General, U.S. Department of Justice, and Benjamin Carlisle , Attorney, were on EPA's opposition to petitioners' emergency motion for a stay or, in the alternative, summary vacatur.

William L. Wehrum , Felicia H. Barnes , Stacy R. Linden , John Wagner , Samuel B. Boxerman , Joel F. Visser , Sandra Y. Snyder , James D. Elliott , Shannon S. Broome , Charles H. Knauss , and John R. Jacus were on the industry intervenor-respondents' response in opposition to petitioners' emergency motion for a stay or, in the alternative, summary vacatur.

Dissenting Opinion filed by Circuit Judge Brown.

Petitioners, a group of environmental organizations, challenge the Environmental Protection Agency's decision to stay implementation of portions of a final rule concerning methane and other greenhouse gas emissions. For the reasons set forth in this opinion, we conclude that EPA lacked authority under the Clean Air Act to stay the rule, and...

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