NATURAL RESOURCES DEFENSE COUNCIL, INC.; Sierra Club; Consumer Federation of America; Texas Ratepayers' Organization to Save Energy; People of the State of California, by and through Attorney General Xavier Becerra; California State Energy Resources Conservation and Development Commission; State of Maryland; State of Washington; State of Maine; Commonwealth of Massachusetts; State of Vermont; State of Connecticut; Commonwealth of Pennsylvania; District of Columbia; State of Illinois; State of New York; State of Oregon; City of New York; State of Minnesota, Plaintiffs-Appellees,
v.
JAMES R. PERRY, in his official capacity as Secretary of Energy; U.S. Department of Energy, Defendants-Appellants, and
Air-Conditioning, Heating, & Refrigeration Institute, Intervenor-Defendant.
Natural Resources Defense Council, Inc.; Sierra Club; Consumer Federation of America; Texas Ratepayers' Organization to Save Energy; People of the State of California, by and through Attorney General Xavier Becerra; California State Energy Resources Conservation and Development Commission; State of Maryland; State of Washington; State of Maine; Commonwealth of Massachusetts; State of Vermont; State of Connecticut; Commonwealth of Pennsylvania; District of Columbia; State of Illinois; State of New York; State of Oregon; City of New York; State of Minnesota, Plaintiffs-Appellees,
v.
James R. Perry, in his official capacity as Secretary of Energy; U.S. Department of Energy, Defendants, and
Air-Conditioning, Heating, & Refrigeration Institute, Intervenor-Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted November 14, 2018 San Francisco, California.
Filed October 10, 2019.
Attorney(s) appearing for the Case
H. Thomas Byron III (argued) and Mark B. Stern , Appellate Staff; Alex G. Tse , Acting United States Attorney; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellants.
Ian Fein (argued) and Jennifer Ann Sorenson , Natural Resources Defense Council, San Francisco, California; Aaron Colangelo , Natural Resources Defense Council, Washington, D.C.; Daniel Carpenter-Gold , Natural Resources Defense Council, New York, New York; for Plaintiff-Appellee Natural Resources Defense Council, Inc.
Timothy D. Ballo , Earthjustice, Washington, D.C., for Plaintiffs-Appellees Sierra Club, Consumer Federation of America, and Texas Ratepayers' Organization to Save Energy.
Somerset Perry (argued) and Jaime Jefferson , Deputy Attorneys General; Susan S. Fiering , Supervising Deputy Attorney General; Sally Magnani , Senior Assistant Attorney General; Office of the Attorney General, Oakland, California; Bryant B. Cannon, Deputy Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, San Francisco, California; Lisa Kwong and Timothy Hoffman , Assistant Attorneys General; Patrick A. Woods , Assistant Solicitor General; Environmental Protection Bureau, Office of the Attorney General, Albany, New York; George Jepsen , Attorney General; Robert Snook and Matthew Levine , Assistant Attorneys General; Office of the Attorney General, Hartford, Connecticut; Lisa Madigan , Attorney General; Gerald T. Karr , Assistant Attorney General; Attorney General's Office, Chicago, Illinois; Janet T. Mills , Attorney General; Susan P. Herman , Deputy Attorney General; Office of the Attorney General, Augusta, Maine; Brian E. Frosh , Attorney General; Steven M. Sullivan , Solicitor General; Office of the Attorney General, Baltimore, Maryland; Maura Healey , Attorney General; Shennan Kavanaugh and I. Andrew Goldberg , Assistant Attorneys General; Office of the Attorney General, Boston, Massachusetts; Max Kieley , Assistant Attorney General, Office of the Attorney General, St. Paul, Minnesota; Ellen F. Rosenblum , Attorney General; Benjamin Gutman , Solicitor General; Denise G. Fjordbeck , Attorney-in-Charge, Civil Administrative Appeals; Jesse Ratcliffe , Assistant Attorney General; Natural Resources Section, Oregon Department of Justice, Salem, Oregon; Josh Shapiro , Attorney General; Michael J. Fischer , Chief Deputy Attorney General; Office of the Attorney General, Harrisburg, Pennsylvania; Thomas J. Donovan Jr. , Attorney General; Julio A. Thompson and Laura B. Murphy , Assistant Attorneys General; Attorney General's Office, Montpelier, Vermont; Bob Ferguson , Attorney General; Laura J. Watson , Senior Assistant Attorney General; Office of the Attorney General, Olympia, Washington; Karl A. Racine , Attorney General; Loren L. AliKhan , Solicitor General; Office of the Attorney General, Washington, D.C.; Zachary W. Carter , Corporation Counsel; Susan E. Amron , Chief, Environmental Law Division; Haley Stein , Counsel; New York City Law Department, New York, New York; for Plaintiffs-Appellees People of the State of California, California State Energy Resources Conservation and Development Commission, State of New York, State of Connecticut, State of Illinois, State of Maine, State of Maryland, State of Massachusetts, State of Minnesota, State of Oregon, State of Pennsylvania, State of Vermont, State of Washington, District of Columbia, and City of New York.
Before: Mary M. Schroeder and Paul J. Watford, Circuit Judges, and David A. Ezra, District Judge.
OPINION
WATFORD, Circuit Judge:
These appeals arise from consolidated actions brought by plaintiffs who seek to compel the United States Department of Energy (DOE) to promulgate four energy-conservation standards. The standards received final approval by DOE at the end of the Administration of President Obama, but thus far, under the Administration...
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