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SIERRA CLUB v. E.P.A.

Nos. 04-1243, 07-1039.

536 F.3d 673 (2008)

SIERRA CLUB, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent American Petroleum Institute, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 19, 2008.

Attorney(s) appearing for the Case

Keri N. Powell argued the cause for petitioners. With her on the briefs was David S. Baron. John D. Walke entered an appearance.

Cynthia J. Morris, Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief was John C. Cruden, Deputy Assistant Attorney General. Christopher S. Vaden, David J. Kaplan, Jon M. Lipshultz, Attorneys, U.S. Department of Justice, and Nancy A. Ketcham-Colwill and Kerry E. Rodgers, Counsel, U.S. Environmental Protection Agency, entered appearances.

Lauren E. Freeman argued the cause for intervenors. With her on the brief were Charles H. Knauss, Leslie S. Ritts, Susan Conti, Richard S. Wasserstrom, William H. Lewis, and M. Elizabeth Cox. Ralph J. Colleli, Jr. entered an appearance.

Dissenting opinion filed by Circuit Judge KAVANAUGH.

GRIFFITH, Circuit Judge:

The 1990 Amendments to the Clean Air Act compel certain stationary sources of air pollution to obtain permits from state and local authorities that identify all emission limits for the source and also include "monitoring . . . requirements to assure compliance with the permit terms and conditions." 42 U.S.C. § 7661c(c). Sometimes, existing monitoring requirements do not "assure compliance." The Environmental Protection Agency ("EPA")...

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