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LUMINANT GENERATION CO. LLC v. U.S. E.P.A.

No. 10-60934.

699 F.3d 427 (2012)

LUMINANT GENERATION CO. LLC, et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fifth Circuit.

October 12, 2012.

Attorney(s) appearing for the Case

Philip Stephen Gidiere, III , Thomas Lee Casey, III , Steven G. McKinney , Balch & Bingham, L.L.P., Birmingham, AL, Harry Max Reasoner (argued), Vinson & Elkins, L.L.P., Charles William Irvine , Blackburn Carter, P.C., Houston, TX, Eric Alan White , Vinson & Elkins, L.L.P., Washington, DC, Kelly Leigh Haragan (argued), Austin, TX, for Petitioners.

Matthew Robert Oakes , Trial Atty. (argued), Matthew Brian Henjum , U.S. DOJ, Environment & Natural Resources Div., Scott Fulton, E.P.A., Washington, DC, for Respondent.

Samara Lackman Kline (argued), Anika Christine Stucky , Baker Botts, L.L.P., Dallas, TX, Matthew G. Paulson , Baker Botts, L.L.P., Austin, TX, for Intervenors.

Jon Niermann , Asst. Atty. Gen., Austin, TX, for State of Texas, Amicus Curiae.

Before STEWART, Chief Judge, and BENAVIDES and GRAVES, Circuit Judges.

CARL E. STEWART, Chief Judge:

IT IS ORDERED that the opinion previously filed in this case, Luminant Generation Co. L.L.C. v. U.S. E.P.A., No. 10-60934, 2012 WL 3065315 (5th Cir. July 30, 2012), is WITHDRAWN. The following opinion is substituted therefore:

Two sets of petitioners, hereinafter referred to as "Industry Petitioners"1 and "Environmental Petitioners,"

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