SIERRA CLUB v. E.P.A.

No. 13-1014.

754 F.3d 995 (2014)

SIERRA CLUB, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and Gina McCarthy, Administrator, United States Environmental Protection Agency, Respondents. Big Brown Lignite Company, LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 13, 2014.


Attorney(s) appearing for the Case

Thomas Cmar argued the cause for petitioners. With him on the briefs were Abigail Dillen and Jocelyn D'Ambrosio.

Norman L. Rave Jr. , Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief was Robert G. Dreher , Acting Assistant Attorney General.

Norman W. Fichthorn argued the cause for intervenors. With him on the brief were E. Carter Chandler Clements , Aaron M. Flynn , and Leslie S. Ritts.

Opinion for the court filed by Circuit Judge ROGERS, with whom Judge HENDERSON and Judge TATEL join.


ROGERS, Circuit Judge:

On November 19, 2012, the Assistant Administrator of the Environmental Protection Agency issued a memorandum to regional directors on the "Next Steps for Pending Redesignation Requests and State Implementation Plan Actions Affected by the Recent Court Decision Vacating the 2011 Cross-State Air Pollution Rule." The Memorandum stated that certain pending state submissions could proceed based on emissions reductions under a rule this court had...

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