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PORTLAND CEMENT ASS'N v. E.P.A.

Nos. 10-1358, 10-1363, 10-1366, 10-1367, 10-1369, 10-1373, 10-1374, 10-1376, 10-1379, 11-1012, 11-1244, 10-1359, 10-1361, 10-1364, 10-1365, 10-1368, 10-1370, 10-1372, 10-1375, 10-1377, 11-1245.

665 F.3d 177 (2011)

PORTLAND CEMENT ASSOCIATION, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY and Lisa Perez Jackson, Respondents Cape Fear River Watch, et al., Intervenors. Portland Cement Association, Petitioner v. Environmental Protection Agency And Lisa Perez Jackson, Respondents Utility Solid Waste Activities Group, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 9, 2011.

Attorney(s) appearing for the Case

Carter G. Phillips argued the causes for Industry Petitioners on NSPS and NESHAP Issues. With him on the briefs were Roger R. Martella, Jr. , Timothy K. Webster , Deborah E. Jennings , Richard G. Stoll , Beth S. Ginsberg , Jason T. Morgan , William M. Bumpers , Debra J. Jezouit , Ashley C. Parrish , Cynthia A.M. Stroman, and Chet M. Thompson . Howard L. Gilberg and Roger J. Marzulla entered appearances.

David D. Doniger argued the cause for Environmental Petitioners and State Intervenors on NSPS Issues. With him on the briefs were Meleah Geertsma , Timothy D. Ballo , Joanne Marie Spalding, and Craig Holt Segall .

Kamala D. Harris, Attorney General, Office of the Attorney General for the State of California, Thomas G. Heller, Deputy Attorney General, John Kroger, Attorney General, Office of the Attorney General for the State of Oregon, Paul Logan, Assistant Attorney in Charge, Oregon Department of Justice, Robert M. McKenna, Attorney General, Office of the Attorney General for the State of Washington, and Leslie R. Seffern, Assistant Attorney General, were on the brief for state intervenors California, et al. in support of Environmental Petitioners. Susan L. Durbin, Attorney, Office of the Attorney General for the State of California, entered an appearance.

Julie A. Weis was on the brief for amici curiae Baker City and Baker County, Oregon, et al. in support of petitioners.

Russell S. Frye was on the brief for amicus curiae SSM Coalition in support of petitioners.

T. Monique Peoples and Daniel R. Dertke, Attorneys, U.S. Department of Justice, argued the causes for respondents on NSPS and NESHAP Issues. With them on the briefs were Steven Silverman and Elliott Zenick, Counsel, U.S. Environmental Protection Agency.

Carter G. Phillips argued the cause for Industry Intervenors in support of respondents. With him on the briefs were Roger R. Martella, Jr. , Timothy K. Webster , Deborah E. Jennings , Richard G. Stoll , Beth S. Ginsberg , Jason T. Morgan , William M. Bumpers , Debra J. Jezouit , Norman W. Fichthorn , Allison D. Wood , Ashley C. Parrish , Cynthia A.M. Stroman, and Chet M. Thompson . Douglas H. Green , Aaron J. Wallisch, and Willian R. Weissman entered appearances.

Timothy D. Ballo , Geoffrey R. Gisler , James S. Pew , Seth L. Johnson , Avinash Kar , Meleah Geertsma, and John D. Walke were on the briefs of Environmental Intervenors in support of respondents. John T. Suttles, Jr. and David D. Doniger entered appearances.

Concurring opinion filed by Circuit Judge BROWN.

PER CURIAM:

Pursuant to the Clean Air Act ("CAA"), the Environmental Protection Agency enacted twin rules in 2010 setting emissions standards for portland cement facilities— one under a section called National Emission Standards for Hazardous Air Pollutants (NESHAP), 42 U.S.C. § 7412(a)(4), the second under a section called New Source Performance Standards (NSPS), id. § 7411. Petitioners, Portland Cement Association and other cement manufacturers...

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