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MEXICHEM FLUOR, INC. v. E.P.A.

No. 15-1328 Consolidated with 15-1329.

866 F.3d 451 (2017)

MEXICHEM FLUOR, INC., Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. The Chemours Company FC, LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 8, 2017.

Attorney(s) appearing for the Case

Dan Himmelfarb argued the cause for petitioners. With him on the joint briefs were John S. Hahn , Roger W. Patrick , Matthew A. Waring , William J. Hamel , W. Caffey Norman , T. Michael Guiffré , and Kristina V. Foehrkolb.

Dustin J. Maghamfar , Attorney, U.S. Department of Justice, argued the cause for respondent. On the brief were John C. Cruden , Assistant Attorney General, Elizabeth B. Dawson , Attorney, U.S. Department of Justice, and Jan Tierney and Diane McConkey , Attorneys, U.S. Environmental Protection Agency.

Thomas A. Lorenzen argued the cause for intervenors The Chemours Company FC, LLC, and Honeywell International Inc. in support of respondent. With him on the brief were Robert J. Meyers , Sherrie A. Armstrong , Jonathan S. Martel , and Eric A. Rey.

David Doniger , Benjamin Longstreth , Melissa J. Lynch , and Emily K. Davis were on the brief for intervenor Natural Resources Defense Council in support of respondent.

Opinion concurring in part and dissenting in part filed by Circuit Judge Wilkins.

The separation of powers and statutory interpretation issue that arises again and again in this Court is whether an executive or independent agency has statutory authority from Congress to issue a particular regulation. In this case, we consider whether EPA had statutory authority to issue a 2015 Rule regulating the use...

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