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NATURAL RESOURCES DEFENSE COUNCIL v. E.P.A.

No. 16-1413.

896 F.3d 459 (2018)

NATURAL RESOURCES DEFENSE COUNCIL and Sierra Club, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and Andrew Wheeler, Respondents, American Petroleum Institute, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 20, 2018.

Attorney(s) appearing for the Case

Margaret T. Hsieh , New York, NY, argued the cause for petitioners. With her on the briefs were Sanjay Narayan , Oakland, CA, John Walke , Washington, DC, and Emily K. Davis . Nancy S. Marks entered an appearance.

Sue Chen , Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief was Jeffrey H. Wood , Acting Assistant Attorney General.

Aaron M. Flynn and Lucinda Minton Langworthy , Washington, DC, were on the brief for intervenor-respondent.

Caroline Lobdell , Portland, OR, was on the brief for amici curiae National Cattlemen's Beef Association, et al. in support of respondents.

Before: Griffith and Katsas, Circuit Judges, and Edwards, Senior Circuit Judge.

The Clean Air Act calls upon the Environmental Protection Agency to protect air quality by enforcing state and local limits on the amount of pollution. The agency need not count against those limits pollution caused by "exceptional events." In this case, Natural Resources Defense Council and Sierra Club challenge a rule...

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