UTILITY AIR REGULATORY GROUP v. E.P.A.

Nos. 12-1166, 12-1366, 12-1420.

744 F.3d 741 (2014)

UTILITY AIR REGULATORY GROUP, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Edgecombe Genco, LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 11, 2014.


Attorney(s) appearing for the Case

Lauren E. Freeman argued the cause for Industry Petitioners. With her on the briefs were Craig S. Harrison , Greg Abbott , Attorney General, Office of the Attorney General for the State of Texas, Jon Niermann , Chief, Environmental Protection Division, and Mark Walters and Mary E. Smith , Assistant Attorneys General. Elizabeth L. Horner entered an appearance.

David B. Rivkin, Jr. , Lee A. Casey , Mark W. DeLaquil , Andrew M. Grossman , Lisa M. Jaeger , Eric A. Groten , and Jeremy C. Marwell were on the brief for intervenors Edgecombe Genco, LLC, et al. in support of petitioners.

Amanda Shafer Berman , Attorney, U.S. Department of Justice, argued the cause for respondent. On the brief were Robert G. Dreher , Acting Assistant Attorney General, and Norman L. Rave, Jr. , Attorney. Eric G. Hosteller and Matthew R. Oakes , Attorneys, entered appearances.

Pamela A. Campos , argued the cause for Environmental Intervenors in support of respondent. With her on the briefs were Tomás E. Carbonell , Shannon Smyth , James S. Pew , Neil E. Gormley , Sean H. Donahue , Sanjay Narayan , John D. Walke , and John T. Suttles.

Concurring opinion filed by Circuit Judge KAVANAUGH.


GARLAND, Chief Judge:

The Utility Air Regulatory Group and the State of Texas challenge 2009 and 2012 final rules issued by the Environmental Protection Agency (EPA) under the Clean Air Act. The rules revised the new source performance standards for steam generating units. Several of the petitioners' challenges are not properly before us because they were first raised in petitions for reconsideration that remain pending before...

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