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UTILITY AIR REGULATORY GROUP v. E.P.A.

No. 12-1342, Consolidated with 12-1343, 12-1344, 12-1425, 12-1480, 13-1003, 13-1045, 13-1129, 13-1178, 13-1179, 13-1180.

885 F.3d 714 (2018)

UTILITY AIR REGULATORY GROUP, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. National Parks Conservation Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 20, 2018.

Attorney(s) appearing for the Case

Charles McPhedran argued the cause for Conservation Group petitioners. With him on the briefs were David S. Baron and Timothy D. Ballo.   Thomas Cmar and Abigail M. Dillen entered appearances.

Norman W. Fichthorn , Aaron M. Flynn , Ken Paxton , Attorney General, Office of the Attorney General for the State of Texas, Priscilla M. Hubenak , Assistant Attorney General, Herman Robinson , Donald Trahan , Dwana King , Jackie Marve , Spencer Bowman , P. Stephen Gidiere, III , Thomas L. Casey, III , David W. Mitchell , C. Frederick Beckner, III , Stephanie Z. Moore , and Daniel J. Kelly were on the joint briefs for State and Industry petitioners. Courtney Burdette , Charlotte Goudeau , Peter D. Keisler , Elliott B. Vega , Mark L. Walters , Timothy K. Webster , and Kathy M. Wright entered appearances.

Norman L. Rave, Jr. , Attorney, U.S. Department of Justice, argued the cause and filed the brief for respondent. David A. Carson , Senior Counsel, Jessica O'Donnell and Martin F. McDermott , Attorneys, entered appearances.

Charles McPhedran argued the cause for Conservation Group intervenor-respondents. With him on the briefs were David S. Baron and Timothy D. Ballo.   Thomas Cmar and Abigail M. Dillen entered appearances.

Norman W. Fichthorn , Aaron M. Flynn , Curtis T. Hill, Jr. , Attorney General, Office of the Attorney General for the State of Indiana, Thomas M. Fisher , Solicitor General, Margaret Claiborne Campbell , Hahnah Williams , Renee Cipriano , J. Michael Showalter , David M. Flannery , Kathy G. Beckett , Edward L. Kropp , P. Stephen Gidiere, III , Thomas L. Casey, III , David W. Mitchell , C. Frederick Beckner, III , Stephanie Z. Moore , and Daniel J. Kelly were on the brief for State and Industry intervenor-respondents. Peter D. Keisler , Byron W. Kirkpatrick , and Timothy K. Webster entered appearances.

Before: Griffith and Pillard, Circuit Judges, and Williams, Senior Circuit Judge.

On June 7, 2012 the Environmental Protection Agency issued another rule in a long succession of actions implementing Congress's effort to restore air quality and visibility in certain national parks and wilderness areas ("Class I areas") to what they would be under natural conditions. Regional Haze: Revisions to Provisions...

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