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SIERRA CLUB v. UNITED STATES EPA

No. 18-60116.

939 F.3d 649 (2019)

SIERRA CLUB; National Parks Conservation Association; Entergy Louisiana, L.L.C., Petitioners v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Andrew Wheeler, Administrator, United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Fifth Circuit.

FILED October 3, 2019.

Attorney(s) appearing for the Case

Charles McPhedran, Esq. , Shannon Fisk , Earthjustice, Philadelphia, PA, Matthew Gerhart , Sierra Club, Environmental Law Program, Denver, CO, Joshua Smith , Sierra Club, Environmental Law Program, Oakland, CA, for Petitioner SIERRA CLUB.

Charles McPhedran, Esq. , Shannon Fisk , Earthjustice, Philadelphia, PA, Matthew Gerhart , Sierra Club, Environmental Law Program, Denver, CO, for Petitioner NATIONAL PARKS CONSERVATION ASSOCIATION.

Debra J. Jezouit , Allison Watkins Mallick , Baker Botts, L.L.P., Washington, DC, Aaron Michael Streett , Baker Botts, L.L.P., Houston, TX, for Petitioner ENTERGY LOUISIANA, L.L.C.

Michele L. Walter , Trial Attorney, U.S. Department of Justice, Environmental Defense Section, Denver, CO, Sheila Baynes , U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, Matthew Z. Leopold , Environmental Protection Agency, Washington, DC, for Respondent UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.

Michele L. Walter , Trial Attorney, U.S. Department of Justice, Environmental Defense Section, Denver, CO, Sheila Baynes , U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Respondent ANDREW WHEELER.

Charlotte Marie Goudeau , Courtney Burdette , Supervisory Attorney, Dwana Christy King, Esq. , Louisiana Department of Environmental Quality, Legal Affairs Division, Baton Rouge, LA, for Amicus Curiae LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY.

Before SMITH, WIENER, and ELROD, Circuit Judges.

In a December 21, 2017 Final Rule ("the Final Rule"), the United States Environmental Protection Agency ("the EPA") approved Louisiana's state implementation plan ("SIP") for controlling regional haze. Louisiana's regional haze SIP had two alleged problems. First, the SIP used an outdated air-pollution model called "CALPUFF...

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