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WILDEARTH GUARDIANS v. U.S. E.P.A.

No. 13-1212.

751 F.3d 649 (2014)

WILDEARTH GUARDIANS, Petitioner v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents National Mining Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 13, 2014.

Attorney(s) appearing for the Case

Samantha Ruscavage-Barz argued the cause and filed the briefs for petitioner. James J. Tutchton entered an appearance.

Kim Smaczniak , Attorney, Environmental Defense Section, U.S. Department of Justice, argued the cause for respondents. With her on the brief were Robert G. Dreher , Acting Assistant Attorney General, Environment and Natural Resources Division, and Scott Jordan , Office of General Counsel.

Andrew C. Emrich , Emily C. Schilling , Peter S. Glaser , and Merril J. Hirsh were on the brief for intervenors National Mining Association, et al. in support of respondents.

Before: GRIFFITH, Circuit Judge, and EDWARDS and RANDOLPH, Senior Circuit Judges.

EDWARDS, Senior Circuit Judge:

On June 16, 2010, Earthjustice, on behalf of WildEarth Guardians ("Guardians") and other environmental groups, petitioned the Environmental Protection Agency ("EPA") to add coal mines to the regulated list of stationary source categories under the Clean Air Act, 42 U.S.C. § 7411(b)(1)(A). The petition sought to have EPA initiate a rulemaking to: "(1) list coal mines as a category of stationary...

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