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NATURAL RESOURCES DEFENSE COUNCIL v. E.P.A.

Nos. 10-1371, 10-1378, 13-1112.

749 F.3d 1055 (2014)

NATURAL RESOURCES DEFENSE COUNCIL, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY and Gina McCarthy, in her official capacity aS Administrator, U.S. Environmental Protection Agency, Respondents Cemex, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 18, 2014.

Attorney(s) appearing for the Case

James S. Pew and Seth L. Johnson argued the causes for petitioners. With them on the briefs were John Walke, Meleah Geertsma, and Avinash Kar.

Matthew R. Oakes, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Robert G. Dreher, Acting Assistant Attorney General, and Steven E. Silverman, Attorney, U.S. Environmental Protection Agency. Daniel R. Dertke and T. Monique Peoples, Attorneys, U.S. Department of Justice, entered appearances.

Carter G. Phillips argued the cause for intervenors. With him on the briefs were Roger R. Martella Jr., Timothy K. Webster, Ryan C. Morris, William M. Bumpers, Debra J. Jezouit, Michael B. Schon, Deborah E. Jennings, Chet M. Thompson, Beth S. Ginsberg, Jason T. Morgan, Ashley C. Parrish, Cynthia A.M. Stroman, and Richard G. Stoll.

Russell S. Frye and Richard G. Stoll were on the brief for amici curiae SSM Coalition, et al. in support of respondents.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

Portland cement is the key ingredient in concrete. The basic process for making Portland cement is much the same today as it was when the material was first developed nearly 200 years ago. Cement manufacturers pulverize limestone and minerals, and then heat those raw materials to several thousand degrees. The resulting substance, called clinker, is then cooled and ground into a fine gray powder. This powder — called Portland cement...

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