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  5. 726 F.3d 180 (2013)
 

TEXAS v. E.P.A.

Nos. 10-1425, 11-1062, 11-1128, 11-1247, 11-1249, 11-1250, 11-1037, 11-1038, 11-1039, 11-1040, 11-1041, 11-1059, 11-1060, 11-1063, 11-1075, 11-1076, 11-1077, 11-1078, 11-1287, 11-1288, 11-1289, 11-1290, 11-1291, 11-1292, 11-1293.

726 F.3d 180 (2013)

State of TEXAS, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Conservation Law Foundation, et al., Intervenors. Utility Air Regulatory Group, Petitioner v. Environmental Protection Agency, Respondent Wyoming Mining Association and State of Connecticut, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 26, 2013.

Attorney(s) appearing for the Case

Mark W. DeLaquil argued the cause for petitioners. With him on the briefs were David B. Rivkin Jr. , Andrew M. Grossman , Matthew G. Paulson , Roger R. Martella Jr. , F. William Brownell , Henry V. Nickel , Norman W. Fichthorn , Allison D. Wood , Charles H. Knauss , Shannon S. Broome , Greg Abbott , Attorney General, Office of the Attorney General for the State of Texas, J. Reed Clay Jr. , Special Assistant and Senior Counsel to the Attorney General, John A. Riley , and Christopher C. Thiele.   Bill Cobb , Deputy Attorney General for Civil Litigation, Office of the Attorney General for the State of Texas, entered an appearance.

Madeline P. Fleisher , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were Howard J. Hoffman , Elliott Zenick , and Sara Schneeberg , Attorneys, U.S. Environmental Protection Agency. Thomas A. Lorenzen and Perry M. Rosen , Attorneys, U.S. Department of Justice, entered appearances.

Sean H. Donahue argued the cause for intervenors. With him on the brief were Joanne M. Spalding , Nathan Matthews , Vickie L. Patton , Pamela Campos , Peter Zalzal , Ann Brewster Weeks , Lisa J. Zak , and David Doniger.   Meleah A. Geertsma and Craig H. Segall entered appearances.

David B. Rivkin Jr. argued the cause for petitioner State of Texas. Nancy E. Vehr , Attorney, Office of the Attorney General for the State of Wyoming, argued the cause for the State of Wyoming. With them on the briefs were Greg Abbott , Attorney General, Office of the Attorney General for the State of Texas, J. Reed Clay Jr., Special Assistant and Senior Counsel to the Attorney General, Jay Jerde , Deputy Attorney General, Office of the Attorney General for the State of Wyoming, Jeremiah I. Williamson , Assistant Attorney General, and Mark W. DeLaquil and Andrew M. Grossman.

Henry V. Nickel argued the cause for Non-State Petitioners and Intervenor-Petitioner. With him on the briefs were F. William Brownell , Norman W. Fichthorn , Allison D. Wood , Peter S. Glaser , Charles H. Knauss , Shannon S. Broome , Matthew G. Paulson , Roger R. Martella , and Eric Groten.   Mark E. Nagle entered an appearance.

Madeline P. Fleisher and Matthew R. Oakes , Attorneys, U.S. Department of Justice, argued the causes for respondents. With them on the brief were Howard J. Hoffman , Attorney, United States Environmental Protection Agency, Elliott Zenick , Assistant General Counsel, and Sara Schneeberg , Attorney. Perry M. Rosen , Attorney, U.S. Department of Justice, entered an appearance.

George Jepsen , Attorney General, Office of the Attorney General for the State of Connecticut, Kimberly P. Massicotte and Scott N. Koschwitz , Assistant Attorneys General, Vickie L. Patton , Pamela Campos , Peter M. Zalzal , Sean H. Donahue , Joanne M. Spalding , Nathan Matthews , David D. Doniger , Meleah A. Geertsma , Ann Brewster Weeks , and Lisa J. Zak were on the briefs for intervenors in support of respondent.

Dissenting opinion by Circuit Judge KAVANAUGH.

ROGERS, Circuit Judge:

These cases present another set of challenges to rules promulgated by the Environmental Protection Agency ("EPA") in response to the Supreme Court's holding that greenhouse gases unambiguously qualify as an "air pollutant" under the Clean Air Act ("the Act" or "CAA"). See Massachusetts v. EPA, 549 U.S. 497, 528-32, 127 S.Ct. 1438, 167 L.Ed.2d 248 (2007). Last year, in Coalition for Responsible Regulation...

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