HELPING HAND TOOLS v. U.S. E.P.A.

No. 14-72553, No. 14-72602.

836 F.3d 999 (2016)

HELPING HAND TOOLS; Rob Simpson, Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY; Gina McCarthy, in her capacity as Administrator of the U.S. Environmental Protection Agency; Deborah Jordan, in her capacity as Director of the Air Division of U.S. Environmental Protection Agency Region IX, Respondents, Sierra Pacific Industries, Inc., Respondent-Intervenor. Center For Biological Diversity, Petitioner, v. U.S. Environmental Protection Agency; Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency; Jared Blumenfeld, in his official capacity as Regional Administrator of Region 9 of the United States Environmental Protection Agency; Deborah Jordan, in her official capacity as Director of the Air Division of Region 9 of the United States Environmental Protection Agency, Respondents, Sierra Pacific Industries, Inc., Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 2016.


Attorney(s) appearing for the Case

Kevin P. Bundy (argued), San Francisco, California; Brendan R. Cummings , Joshua Tree, California; as and for Petitioner Center for Biological Diversity.

Andrew S. Kingdale (argued), Law Office of Andrew S. Kingdale, San Francisco, California, for Petitioners Helping Hand Tools and Robert Simpson.

Dustin J. Maghamfar (argued); John C. Cruden , Assistant Attorney General; Environmental Defense Section, Environment & Natural Resources Division, Washington, D.C.; Brian Doster and Mark Kataoka , United States EPA, Office of General Counsel, Washington, D.C.; Kara Christenson , United States EPA, Region IX, Office of Regional Counsel, San Francisco, California; for Respondents.

Joseph R. Palmore (argued) and Marc A. Hearron , Morrison & Foerster LLP, Washington, D.C.; William M. Sloan , Morrison & Foerster LLP, San Francisco, California; for Respondent-Intervenor.

Roger R. Martella, Jr. , Joel F. Visser , and James R. Wedeking , Sidley Austin LLP, Washington, D.C., for Amici Curiae American Wood Counsel and National Alliance of Forest Owners.

Before: Susan P. Graber and Richard C. Tallman, Circuit Judges, and Nancy G. Edmunds, Senior District Judge.


OPINION

Helping Hand Tools ("Helping Hand") and Center for Biological Diversity ("Center") petition for review of a final decision of the United States Environmental Protection Agency ("EPA") granting Sierra Pacific Industries ("Sierra Pacific") a prevention of significant...

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