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SIERRA CLUB v. E.P.A.

No. 18-1038.

926 F.3d 844 (2019)

SIERRA CLUB, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY and Andrew Wheeler, Administrator, U.S. Environmental Protection Agency, Respondents PacifiCorp and State of Utah, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 14, 2019.

Attorney(s) appearing for the Case

Keri N. Powell , New York, NY, argued the cause for petitioner. With her on the briefs were Patton Dycus and Joshua Smith .

David J. Kaplan , Senior Attorney, U.S. Department of Justice, argued the cause for respondent Environmental Protection Agency. With him on the brief were Jeffrey Bossert Clark , Assistant Attorney General, Jonathan D. Brightbill , Deputy Assistant Attorney General, and Simi Bhat , Attorney.

E. Blaine Rawson , Salt Lake City, UT, argued the cause for respondent-intervenor PacifiCorp. With him on the brief were Megan McKay Withroder and Marie Bradshaw Durrant , Salt Lake City, UT.

Sean D. Reyes , Attorney General, Office of the Attorney General for the State of Utah, Tyler R. Green , Solicitor General, Utah Attorney General, Christian C. Stephens , and Marina V. Thomas , Assistant Attorneys General, were on the brief for intervenor State of Utah.

Shannon S. Broome , San Francisco, CA, and Charles H. Knauss , Washington, DC, were on the brief for amicus curiae Air Permitting Forum in support of respondent United States Environmental Protection Agency.

Before: Rogers, Tatel and Pillard, Circuit Judges.

The threshold question the court must decide that is ultimately dispositive is whether venue is proper in this court pursuant to Section 307(b)(1) of the Clean Air Act, 42 U.S.C. § 7607(b)(1). Sierra Club filed a petition for the Administrator of the Environmental Protection Agency to object to a renewal of an operating...

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