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CLUB v. U.S. E.P.A.

No. 12-3169/3182/3420.

793 F.3d 656 (2015)

Sierra CLUB, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Gina McCarthy, Administrator of the United States Environmental Protection Agency, Respondents, State Of Ohio; Ohio Utility Group, et al., Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 14, 2015.

Attorney(s) appearing for the Case

ARGUED: Robert Ukeiley , Berea, Kentucky, for Petitioner. Amy J. Dona , United States Department of Justice, Washington, D.C., for Respondents. Aaron S. Farmer , Office of the Ohio Attorney General, Columbus, Ohio, for Intervenor. ON BRIEF: Robert Ukeiley , Berea, Kentucky, David C. Bender , McGillivray Westerberg & Bender LLC, Madison, Wisconsin, for Petitioner. Amy J. Dona , United States Department of Justice, Washington, D.C., for Respondents. Aaron S. Farmer , Elizabeth R. Ewing , Office of the Ohio Attorney General, Columbus, Ohio, for Intervenor State of Ohio. Louis E. Tosi , Michael E. Born , Cheri A. Budzynski , Shumaker, Loop & Kendrick, LLP, Columbus, Ohio, for Ohio Utility Intervenors. Thomas M. Fisher , Office of the Indiana Attorney General, Indianapolis, Indiana, for Amicus Curiae.

Before: GIBBONS and KETHLEDGE, Circuit Judges; DOW, District Judge.

AMENDED OPINION

In 2011, the Environmental Protection Agency ("EPA") determined that the Cincinnati-Hamilton metropolitan area had attained national air quality standards for particulate matter, thanks in no small part to regional cap-and-trade programs that had reduced the flow of interstate pollution...

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