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SIERRA CLUB v. E.P.A.

No. 11-1184.

699 F.3d 530 (2012)

SIERRA CLUB, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY and Lisa Perez Jackson, Administrator, U.S. Environmental Protection Agency, Respondents. American Chemistry Council, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 9, 2012.

Attorney(s) appearing for the Case

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

Madeline Fleischer , Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief were Norman L. Rave Jr. , Attorney, and Michael Thrift , Attorney, U.S. Environmental Protection Agency.

Lisa M. Jaeger , Jeffrey A. Knight , David M. Friedland , and Leslie A. Hulse were on the brief for intervenors American Chemistry Council, et al., in support of respondents.

Opinion concurring in the judgment filed by Circuit Judge HENDERSON.

WILLIAMS, Senior Circuit Judge:

Sierra Club here challenges a "Determination" of the Environmental Protection Agency. In the Determination, EPA announced that it had met the regulatory obligations imposed on it by § 112(c)(6) of the Clean Air Act ("CAA"), 42 U.S.C. § 7412(c)(6). We conclude that the Determination is a legislative rulemaking subject to the notice-and-comment provisions of the Administrative Procedure Act, 5 U.S.C. § 553. Because EPA...

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