COOLING WATER INTAKE STRUCTURE COALITION, Petitioner,
American Petroleum Institute, Utility Water Act Group, Entergy Corporation, American Littoral Society, Environment America, Environment Massachusetts, Riverkeeper, Inc., Natural Resources Defense Council, Incorporated, Delaware Riverkeeper Network, Raritan Baykeeper, Inc., dba NY/NJ Baykeeper, Hackensack Riverkeeper, Casco Baykeeper, Save the Bay — Narragansett Bay, Scenic Hudson, Inc., Sierra Club, Waterkeeper Alliance, Inc., Soundkeeper, Inc., Surfrider Foundation, Intervenors-Petitioners,
Center for Biological Diversity, Louisiana Environmental Action Network, California Coastkeeper Alliance, Humboldt Baykeeper, Suncoast Waterkeeper, Inc., Puget Soundkeeper Alliance, Intervenors,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Andrew R. Wheeler, in his Official Capacity as Acting Administrator of the United States Environmental Protection Agency, National Marine Fisheries Service, United States Fish and Wildlife Service, Respondents.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: September 14, 2017.
Decided: July 23, 2018.
Amended: September 27, 2018.
Attorney(s) appearing for the Case
Russell S. Frye , FryeLaw PLLC, Washington, DC, for Petitioner Cooling Water Intake Structure Coalition.
REED W. SUPER , EDAN ROTENBERG , Super Law Group, LLC, New York, NY, for Intervenors-Petitioners Riverkeeper Inc., American Littoral Society, Casco Baykeeper, Delaware Riverkeeper Network, Hackensack Riverkeeper, Natural Resources Defense Council, Inc., Raritan Baykeeper, Inc. d/b/a NY/NJ Baykeeper, Save the Bay-Narragansett Bay, Scenic Hudson, Inc., Sierra Club, Soundkeeper, Inc., Surfrider Foundation, Waterkeeper Alliance, Inc., and for Intervenors Center for Biological Diversity, Louisiana Environmental Action Network, California Coastkeeper Alliance, Humboldt Baykeeper, Suncoast Waterkeeper, Inc., Puget Soundkeeper Alliance.
Eric E. Huber , Sierra Club, Boulder, CO, for Intervenor-Petitioner Sierra Club, and for Intervenors Center for Biological Diversity, California Coastkeeper Alliance, Humboldt Baykeeper, Louisiana Environmental Action Network, Suncoast Waterkeeper, Inc.
Charles C. Caldart , National Environmental Law Center, Seattle, WA, for Intervenors-Petitioners Environment America, Environment Massachusetts.
PERRY M. ROSEN , United States Department of Justice, Environment & Natural Resources Division, Environmental Defense Section, Washington, DC; BRIDGET KENNEDY MCNEIL , United States Department of Justice, Environment & Natural Resources Division, Wildlife & Marine Resources Section, Denver, CO ( Simi Bhat , United States Department of Justice, Environment & Natural Resources Division, Environmental Defense Section, Washington, DC, Clifford E. Stevens, Jr. , United States Department of Justice, Environment & Natural Resources Division, Wildlife & Marine Resources Section, Denver, CO, on the brief; Richard T. Witt , Alexis Wade , United States Environmental Protection Agency, Office of General Counsel, of counsel), for Respondents.
Andrew K. Jacoby , Varadi, Hair & Checki, LLC, New Orleans, LA ( Ann Brewster Weeks , Legal Director, Clean Air Task Force, Boston, MA, of counsel), for Amicus Curiae Clean Air Task Force.
Before: JACOBS, CABRANES, and LOHIER, Circuit Judges.
LOHIER, Circuit Judge:
In these consolidated cases, several environmental conservation groups and industry associations petition for review of a final rule promulgated four years ago, in August 2014, by the United States Environmental Protection Agency ("EPA") pursuant to section 316(b) of the Clean Water Act ("CWA"), 33 U.S.C. § 1326(b), establishing...
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