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SIERRA CLUB v. E.P.A.

No. 18-1167.

955 F.3d 56 (2020)

SIERRA CLUB, Petitioner, 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 April 7, 2020.

Attorney(s) appearing for the Case

Gordon Sommers argued the cause for petitioner. With him on the briefs was Seth L. Johnson. David S. Baron , Washington, DC, entered an appearance.

Brian H. Lynk , Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Jeffrey Bossert Clark , Assistant Attorney General, Jonathan D. Brightbill , Deputy Assistant Attorney General, Brian L. Doster , Assistant General Counsel, U.S. Environmental Protection Agency, and Mark M. Kataoka , Attorney.

Makram B. Jaber , Lucinda Minton Langworthy , Andrew D. Knudsen , Washington, DC, Shannon S. Broome , San Francisco, CA, Charles H. Knauss , Steven P. Lehotsky , Washington, DC, Michael B. Schon , Leslie A. Hulse , and Richard S. Moskowitz , Washington, DC, were on the brief for intervenors-respondents.

Megan H. Berge , Scott A. Keller , and Jared R. Wigginton , Washington, DC, were on the brief for amicus curiae American Petroleum Institute in support of respondents U.S. Environmental Protection Agency, et al., and denial of petition for review.

Concurring opinion by Senior Circuit Judge Randolph.

This case again presents the seemingly labyrinthine question of whether an agency action is final for the purposes of judicial review. The agency action before us is a document titled "Guidance on Significant Impact Levels for Ozone and Fine Particles in the Prevention of Significant Deterioration Permitting Program" (the...

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