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NATIONAL CHICKEN COUNCIL v. E.P.A.

No. 10-1107.

687 F.3d 393 (2012)

NATIONAL CHICKEN COUNCIL, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Growth Energy, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 20, 2012.

Attorney(s) appearing for the Case

Catherine E. Stetson argued the cause for petitioners National Chicken Council, National Meat Association, and National Turkey Federation. With her on the briefs were Mary Helen Wimberly , William L. Wehrum , and Lewis F. Powell III .

James B. Dougherty , Jonathan F. Lewis , Helen D. Silver , and Ann B. Weeks were on the briefs for petitioners Friends of the Earth, Inc. and National Wildlife Federation.

Daniel R. Dertke , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was Ignacia S. Moreno , Assistant Attorney General.

John C. O'Quinn argued the cause for intervenors in support of respondent. With him on the brief were William H. Burgess , David B. Salmons , Sandra P. Franco , Bryan M. Killian , Charles H. Knauss, Shannon S. Broome , Christopher D. Jackson , Alex D. Menotti , Roger R. Martella, Jr. , Thomas G. Echikson , and Rachel D. Gray . Jeffrey B. Clark, Sr. , Stuart A. Drake , and Thomas R. Lotterman entered appearances.

Alan Kashdan was on the brief for amicus curiae Government of Canada in support of respondent.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

The National Chicken Council, National Meat Association, and National Turkey Federation petition for review of EPA's interpretation of a provision in the Energy Independence and Security Act of 2007 ("EISA"). Because the petitioners fail to show that a favorable ruling would redress their claimed injuries, we dismiss their petition on standing grounds.1

The EISA directed EPA to promulgate regulations ensuring...

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