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SIERRA CLUB v. E.P.A.

Nos. 02-1135, 03-1219, 06-1215, 07-1201.

551 F.3d 1019 (2008)

SIERRA CLUB, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY and Stephen L. Johnson, Administrator, Environmental Protection Agency, Respondents American Chemistry Council, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 2008.

Attorney(s) appearing for the Case

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

Daniel R. Dertke, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were John C. Cruden, Deputy Assistant Attorney General, and Sheila Igoe, Counsel, U.S. Environmental Protection Agency.

Leslie S. Ritts, Charles H. Knauss, Sandra P. Franco, Lorane F. Hebert, Leslie A. Hulse, Susan T. Conti, John P. Wagner, William H. Lewis Jr., Thomas J. Graves, Richard S. Wasserstrom, and Maurice H. McBride were on the brief for intervenors in support of respondent. Sam Kalen, Michael A. McCord, Jeffrey C. Nelson, Richard A. Penna, Michael B. Wigmore, David F. Zoll entered appearances.

Dissenting opinion by Senior Circuit Judge RANDOLPH.

ROGERS, Circuit Judge:

Petitioners challenge the final rules promulgated by the Environmental Protection Agency exempting major sources of air pollution from normal emission standards during periods of startups, shutdowns, and malfunctions ("SSM") and imposing alternative, and arguably less onerous requirements in their place.1 Because the general duty that applies during SSM events is inconsistent with the plain text of section 112 of...

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