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SIERRA CLUB v. E.P.A.

No. 15-1487 Consolidated with 15-1492, 15-1493, 15-1496, 16-1179.

895 F.3d 1 (2018)

SIERRA CLUB and Natural Resources Defense Council, Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and E. Scott Pruitt, Respondents. Brick Industry Association, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided July 6, 2018.

Attorney(s) appearing for the Case

James S. Pew argued the cause and filed the briefs for Environmental petitioners.

William L. Wehrum , Felicia H. Barnes , Washington, DC, Todd E. Palmer , Milwaukee, WI, Valerie L. Green , Cameron F. Field , Madison, WI, Howard L. Gilberg , Dallas, TX, Jean M. Flores , Dallas, TX, Jeffrey S. Longsworth , Washington, DC, Charles M. Denton , and Roger J. Marzulla , Washington, DC, were on the joint briefs for Industry petitioners.

Kate R. Bowers , Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief were Sonya J. Shea , Attorney, and Sonja L. Rodman and Scott J. Jordan , Attorneys, U.S. Environmental Protection Agency.

Felicia H. Barnes , Washington, DC, argued the cause for Industry respondent-intervenors. With her on the joint brief were William L. Wehrum Jr. , Todd E. Palmer , Milwaukee, WI, Valerie L. Green , Cameron F. Field , Madison, WI, Jeffrey S. Longsworth , Washington, DC, and Charles M. Denton .

James S. Pew was on the brief for Environmental respondent-intervenors.

Before: Rogers and Millett, Circuit Judges, and Sentelle, Senior Circuit Judge.

In this consolidated proceeding, we consider petitions for review of an Environmental Protection Agency ("EPA") final rule entitled "NESHAP for Brick and Structural Clay Products Manufacturing; and NESHAP for Clay Ceramics Manufacturing," 80 Fed. Reg. 65,470 (Oct. 26, 2015) ("Brick/Clay Rule"), and its partial denial...

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