CALIFORNIA COMMUNITIES AGAINST TOXICS v. E.P.A.

No. 18-1085 Consolidated with 18-1095, 18-1096.

934 F.3d 627 (2019)

CALIFORNIA COMMUNITIES AGAINST TOXICS, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and Andrew Wheeler, Administrator, U.S. Environmental Protection Agency, Respondents Air Permitting Forum, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 20, 2019.


Attorney(s) appearing for the Case

Sanjay Narayan argued the cause for Environmental Petitioners. With him on the briefs were James S. Pew , Tomás E. Carbonell , Vickie Patton , Washington, DC, Surbhi Sarang , John Walke , Emily Davis , Thomas Zimpleman , and Keri N. Powell , New York, NY.

Kavita P. Lesser , Deputy Attorney General, Office of the Attorney General for the State of California, argued the cause for petitioner State of California. With her on the briefs were Xavier Becerra , Attorney General, David A. Zonana , Deputy Attorney General, and Jonathan Wiener , Deputy Attorney General.

Eric Grant , Attorney, U.S. Department of Justice, argued the cause for respondents. On the brief were Jeffrey Bossert Clark , Assistant Attorney General, Jonathan D. Brightbill , Deputy Assistant Attorney General, and Scott Jordan , Attorney, U.S. Environmental Protection Agency.

Shannon S. Broome , San Francisco, CA, argued the cause for intervenors-respondents Air Permitting Forum, et al. With her on the briefs were Charles H. Knauss , Washington, DC, Leslie Sue Ritts , Alexandria, VA, Makram B. Jaber , and Andrew D. Knudsen , Washington, DC.

David M. Friedland , Leslie A. Hulse , Washington, DC, Felicia H. Barnes , Seattle, WA, Steven P. Lehotsky , Washington, DC, Michael B. Schon , and amici curiae American Chemistry Council, et al. in support of respondents.

Dissenting Opinion filed by Circuit Judge Rogers.


This case asks us to determine the nature of an agency action, an inquiry that — paradoxically — is quotidian but abstruse. When we are confronted with agency action, the litany of questions is by now very well-rehearsed: Is it final? Is it ripe? Is it a policy statement? Is it an interpretive rule? Is it a...

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