DELTA CONST. CO., INC. v. E.P.A.

Nos. 11-1428, 11-1441, 12-1427, 13-1076.

783 F.3d 1291 (2015)

DELTA CONSTRUCTION COMPANY, INC., et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. California Construction Trucking Association, Inc., et al., Petitioners v. Environmental Protection Agency, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 24, 2015.


Attorney(s) appearing for the Case

Claude D. Convisser argued the cause for petitioner Plant Oil Powered Diesel Fuel Systems, Inc. With him on the final joint opening brief were Theodore Hadzi-Antich and M. Reed Hopper.

Claude D. Convisser was on the final reply brief for petitioner Plant Oil Powered Diesel Fuel Systems, Inc.

Theodore Hadzi-Antich argued the cause for petitioners Delta Construction Company, Inc., et al., in case nos. 11-1428 and 13-1076. With him on the briefs was M. Reed Hopper.

Michele L. Walter and Daniel R. Dertke, Attorneys, U.S. Department of Justice, argued the causes for respondent. With them on the brief were Sam Hirsch, Acting Assistant Attorney General, Stuart F. Delery, Assistant Attorney General, Mark B. Stern, and H. Thomas Bryon, III, Attorneys, Steven E. Silverman, Attorney, U.S. Environmental Protection Agency, O. Kevin Vincent, Chief Counsel, National Highway Traffic Safety Administration, and Timothy H. Goodman, Acting Assistant Chief Counsel. Eric G. Hostetler, Attorney, U.S. Department of Justice, entered an appearance.

Sean H. Donahue,   Vickie Patton,   Graham McCahan,   Peter Zalzal, and Benjamin Longstreth were on the brief for movant respondent-intervenors Environmental Defense Fund, et al., in support of respondents.

Kamala D. Harris, Attorney General, Office of the Attorney General for the State of California, Robert W. Byrne, Senior Assistant Attorney General, Annadel A. Almendras, Supervising Deputy Attorney General, M. Elaine Meckenstock, Deputy Attorney General, Thomas J. Miller, Attorney General, Office of the Attorney General for the State of Iowa, David R. Sheridan, Assistant Attorney General, Lisa Madigan, Attorney General, Office of the Attorney General for the State of Illinois, Matthew J. Dunn and Gerald T. Karr, Assistant Attorneys General, Eric T. Schneiderman, Attorney General, Office of the Attorney General for the State of New York, Barbara D. Underwood, Solicitor General, Michael J. Myers, Assistant Attorney General, Ellen F. Rosenblum, Attorney General, Office of the Attorney General for the State of Oregon, Paul A. Garrahan, Acting Attorney-in-Charge, Douglas F. Gansler, Attorney General at the time the brief was filed, Office of the Attorney General for the State of Maryland, Roberta James, Assistant Attorney General, Martha Coakley, Attorney General at the time the brief was filed, Office of the Attorney General for the Commonwealth of Massachusetts, Carol Iancu, Assistant Attorney General, William H. Sorrell, Attorney General, Office of the Attorney General for the State of Vermont, Thea J. Schwartz, Assistant Attorney General, Robert W. Ferguson, Attorney General, Office of the Attorney General for the State of Washington, Leslie R. Seffern, Assistant Attorney General, and Michael A. Cardozo,   Christopher Gene King, and Carrie Noteboom, were on the brief for movant-intervenor States of California, et al.

Opinion filed for the Court PER CURIAM.


Acting pursuant to their respective statutory mandates, the Environmental Protection Agency ("EPA") and the National Highway Traffic Safety Administration ("NHTSA") issued coordinated rules governing the greenhouse gas emissions and fuel economy of cars and trucks. In Coalition for Responsible Regulation, Inc. v. EPA,

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