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NATIONAL ASS'N OF CLEAN WATER AGENCIES v. E.P.A.

Nos. 11-1131, 11-1167, 11-1185, 12-1236, 12-1237.

734 F.3d 1115 (2013)

NATIONAL ASSOCIATION OF CLEAN WATER AGENCIES, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY and Gina McCarthy, Administrator, EPA, Respondents MaxWest Environmental Systems, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 20, 2013.

Rehearing En Banc Denied October 24, 2013.

Attorney(s) appearing for the Case

Jeffrey A. Knight argued the cause for petitioners/respondents-intervenors National Association of Clean Water Agencies, et al. With him on the briefs were Peter H. Wyckoff and Steven A. Hann.

James S. Pew argued the cause for petitioner Sierra Club. With him on the briefs was Jonathan A. Wiener.

Lisa Sharp argued the cause for intervenor MaxWest Environmental Systems Inc. With her on the briefs was D. Cameron Prell.

Michele L. Walter and Martha C. Mann , Attorneys, U.S. Department of Justice, argued the causes and filed the brief for respondents.

Jonathan A. Wiener argued the cause for respondent-intervenor Sierra Club. With him on the brief was James S. Pew.

Steven A. Hann , Jeffery A. Knight , and Peter H. Wyckoff were on the brief for respondents-intervenors National Association of Clean Water Agencies, et al.

Opinion for the Court filed by Senior Circuit Judge SENTELLE.

SENTELLE, Senior Circuit Judge.

In March 2011, the Environmental Protection Agency ("EPA") issued a final rule establishing emission standards for sewage sludge incinerators under § 129 of the Clean Air Act, 42 U.S.C. § 7429. See Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Sewage Sludge Incineration Units, 76 Fed. Reg. 15,372 (Mar. 21, 2011). Determining that sewage sludge incinerators were "solid...

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