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SIERRA CLUB v. E.P.A.

No. 16-1021 Consolidated with 13-1256.

884 F.3d 1185 (2018)

SIERRA CLUB, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and E. Scott Pruitt, Administrator, U.S. Environmental Protection Agency, Respondents American Chemistry Council, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 16, 2018.

Attorney(s) appearing for the Case

James S. Pew , Wilton, CT, argued the cause for petitioners. With him on the briefs were Neil Gormley , Patton Dycus , and Eric Schaeffer.   Sanjay Narayan entered an appearance.

Norman L. Rave Jr. , Attorney, U.S. Department of Justice, argued the cause and filed the brief for respondents. Perry M. Rosen , Attorney, entered an appearance.

Lauren E. Freeman , Washington, DC, argued the cause for industry intervenor-respondents. With her on the brief were Makram B. Jaber , Washington, DC, William L. Wehrum Jr. , Washington, DC, Felicia H. Barnes , Washington, DC, Douglas A. McWilliams , Cleveland, OH, Allen A. Kacenjar , Cleveland, OH, Katy M. Franz , Robert D. Cheren , William F. Lane , Raleigh, NC, and Alan H. McConnell , Raleigh, NC. David M. Friedland , Washington, DC, Lisa M. Jaeger , Washington, DC, Quentin Riegel , Washington, DC, Ronald A. Shipley , Arlington, VA, Shannon S. Broome , San Francisco, CA, and Charles H. Knauss , Washington, DC, entered appearances.

Before: Rogers, Srinivasan and Pillard, Circuit Judges.

Industrial boilers are heavy-duty furnaces used to generate steam and other useful heat for a wide range of applications, such as milling paper and manufacturing car parts. These boilers reach and sustain extremely high temperatures, relying on varying combinations of fuels and combustion techniques to do so. But all share...

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