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SIERRA CLUB v. E.P.A.

No. 10-1413.

705 F.3d 458 (2013)

SIERRA CLUB, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY and Lisa Perez Jackson, Administrator, Respondents Utility Air Regulatory Group, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 22, 2013.

Attorney(s) appearing for the Case

David S. Baron argued the cause for petitioner. With him on the briefs were Seth L. Johnson and Emma C. Cheuse .

Jessica O'Donnell , Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief were Brian L. Doster , Assistant General Counsel, U.S. Environmental Protection Agency, and Scott J. Jordan , Attorney.

Andrea Bear Field , Makram B. Jaber , Lucinda Minton Langworthy , and Elizabeth L. Horner were on the brief for intervenor Utility Air Regulatory Group in support of respondent.

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

In October 2010, the Environmental Protection Agency ("EPA") issued a final rule establishing regulations for particulate matter less than 2.5 micrometers ("PM2.5") under § 166 of the Clean Air Act ("the Act"), 42 U.S.C. § 7476. See Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM2.5) — Increments, Significant Impact Levels...

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