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CHESAPEAKE CLIMATE ACTION NETWORK v. EPA

No. 15-1015 Consolidated with 16-1169 16-1349.

952 F.3d 310 (2020)

CHESAPEAKE CLIMATE ACTION NETWORK, ET AL., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Alabama Power Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 13, 2020.

Attorney(s) appearing for the Case

Patton Dycus argued the cause for petitioners. With him on the briefs were Neil Gormley , James S. Pew , and Eric Schaeffer . Sanjay Narayan entered an appearance.

Meghan E. Greenfield , Trial Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were Jeffrey Bossert Clark , Assistant Attorney General, and Jonathan D. Brightbill , Principal Deputy Assistant Attorney General. Norman L. Rave Jr. and Stephanie J. Talbert , Attorneys, entered appearances.

Lauren E. Freeman , Makram B. Jaber , Andrew D. Knudsen , C. Grady Moore, III , Margaret C. Campbell , and Emily Gerhardt were on the brief for industry intervenor-respondents.

Before: Tatel, Pillard, and Wilkins, Circuit Judges.

Congress charged the EPA with establishing emission regulations under the Clean Air Act. In a 2014 final rule challenged here, EPA exempted coal- and oil-burning power plant utility boilers' startup periods from numerical limits on hazardous air pollutants. Instead, EPA imposed qualitative "work practice" standards during...

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