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SIERRA CLUB v. WHEELER

No. 18-5328.

956 F.3d 612 (2020)

SIERRA CLUB, Appellant v. Andrew WHEELER, Administrator, U.S. Environmental Protection Agency, in his official capacity, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 17, 2020.

Attorney(s) appearing for the Case

Gordon E. Sommers argued the cause for appellant. With him on the briefs was James S. Pew.

Robert J. Lundman , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Jeffrey Bossert Clark , Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, and James A. Maysonett , Attorney.

Concurring opinion filed by Circuit Judge Wilkins.

The Clean Air Act (CAA) directs the Environmental Protection Agency (EPA) to periodically issue emission guidelines for solid waste incinerators. When the EPA issues such guidelines, States have one year to submit to the EPA Administrator (Administrator) a plan to ensure incinerators within their jurisdictions...

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