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DESERT CITIZENS AGAINST POLLUTION v. E.P.A.

No. 11-1113.

699 F.3d 524 (2012)

DESERT CITIZENS AGAINST POLLUTION and Sierra Club, Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and Lisa Perez Jackson, Administrator, U.S. Environmental Protection Agency, Respondents. Nevada Mining Association, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 9, 2012.

Attorney(s) appearing for the Case

Seth L. Johnson argued the cause for petitioners. With him on the briefs was James S. Pew .

Justin Hayes, pro se, was on the brief as amicus curiae in support of petitioners.

Jon M. Lipshultz , Attorney, U.S. Department of Justice, argued the cause and filed the brief for respondents.

Denise W. Kennedy , John A. Bryson , Emily C. Schilling , Michael A. Zody , and Jacob A. Santini were on the brief for intervenor Nevada Mining Association in support of respondents. Elizabeth A. Schulte entered an appearance.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

Section 112(c)(6) of the Clean Air Act requires action by the Environmental Protection Agency on seven bioaccumulative hazardous air pollutants ("HAPs"), each named specifically by Congress. EPA is to list each pollutant's sources and to "assur[e] that sources accounting for not less than 90 per centum of the aggregate emissions of each such pollutant are subject to standards under subsection (d)(2) or (d)(4)" of § 112. Clean Air...

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