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CENTER FOR BIOLOGICAL DIVERSITY v. E.P.A.

Nos. 11-1101, 11-1285, 11-1328, 11-1336.

722 F.3d 401 (2013)

CENTER FOR BIOLOGICAL DIVERSITY, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and Lisa Perez Jackson, Respondents American Forest & Paper Association, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 12, 2013.

Attorney(s) appearing for the Case

Ann Brewster Weeks argued the cause for petitioners. With her on the briefs were Lisa J. Zak , Frank Rambo , Morgan Butler , Kevin P. Bundy , Vera P. Pardee , Brendan R. Cummings , David D. Doniger , Meleah A. Geertsma , and Nathaniel S.W. Lawrence.   Jonathan F. Lewis entered an appearance.

Perry M. Rosen , Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief was Scott Jordan , Attorney, U.S. Environmental Protection Agency.

Roger R. Martella Jr. argued the cause for respondent-intervenors. With him on the brief were Timothy K. Webster , Lisa E. Jones , Joel F. Visser , Charles H. Knauss , Shannon S. Broome , Norman W. Fichthorn , and Allison D. Wood.   William R. Murray Jr. entered an appearance.

D. Cameron Prell , Neal Cabral , and Lisa Sharp were on the brief for amicus curiae National Association of Clean Water Agencies in support of respondents.

Dissenting opinion filed by Circuit Judge HENDERSON.

TATEL, Circuit Judge:

As part of its ongoing effort to limit the emission of greenhouse gases, the Environmental Protection Agency issued a rule deferring regulation of "biogenic" carbon dioxide — non-fossil-fuel carbon dioxide sources such as ethanol — for three years. Citing scientific uncertainty over how to account for biogenic carbon dioxide's unique role in the carbon cycle, EPA justified this "Deferral...

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