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MASIAS v. E.P.A.

No. 16-1314 Consolidated with 16-1318, 16-1384.

906 F.3d 1069 (2018)

Samuel MASIAS, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and Andrew Wheeler, Acting Administrator, United States Environmental Protection Agency, Respondents. Union Electric Company and Utility Air Regulatory Group, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 19, 2018.

Attorney(s) appearing for the Case

Robert Ukeiley argued the cause and filed the briefs for petitioners Samuel Masias, et al.

Lisa K. Perfetto argued the cause for petitioner Sierra Club. With her on the briefs were Thomas J. Cmar , Washington, DC, and Joshua D. Smith .

Dennis Lane , Washington, DC, argued the cause and filed the briefs for petitioner Kansas City Board of Public Utilities.

Amanda Shafer Berman , Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief was Jonathan D. Brightbill , Deputy Assistant Attorney General. John C. Cruden , Washington, DC, entered an appearance.

Lucinda Minton Langworthy , Washington, DC, argued the cause for respondent-intervenors. With her on the brief were Renee Cipriano , J. Michael Showalter , and Aaron M. Flynn , Washington, DC.

Before: Tatel and Millett, Circuit Judges, and Williams, Senior Circuit Judge.

This case arises out of the Environmental Protection Agency's designation of 61 areas under the National Ambient Air Quality Standard for sulfur dioxide. In these consolidated cases, industry and environmental petitioners challenge EPA's determination that it could not, on the basis of "available information," classify...

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