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LOUISIANA ENVIRONMENTAL ACTION NETWORK v. EPA

No. 17-1257 Consolidated with 18-1245.

955 F.3d 1088 (2020)

LOUISIANA ENVIRONMENTAL ACTION NETWORK, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and Andrew Wheeler, Administrator, U.S. Environmental Protection Agency, Respondents. American Forest & Paper Association, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 21, 2020.

Attorney(s) appearing for the Case

James S. Pew argued the cause for petitioners. With him on the briefs was Emma C. Cheuse .

Andrew J. Doyle , Attorney, U.S. Department of Justice, Washington, DC, argued the cause for respondents. With him on the brief were Jeffrey Bossert Clark , Assistant Attorney General, Jonathan D. Brightbill , Principal Deputy Assistant Attorney General, and Scott Jordan , Attorney, U.S. Environmental Protection Agency.

Shannon S. Broome , San Francisco, CA, Charles H. Knauss , Alexandra K. Hamilton , Jeffrey A. Knight , and David M. Friedland , Washington, DC, were on the brief for amici curiae Air Permitting Forum, et al. in support of respondents.

Russell S. Frye argued the cause and filed the brief for intervenor.

Dissenting opinion filed by Senior Circuit Judge Sentelle.

One of the ways that the Clean Air Act (the Act), 42 U.S.C. §§ 7401 et seq., controls hazardous air pollutants like dioxins, mercury, polycyclic organic matter, and dozens of others is by requiring EPA to set "emission standards" applicable to each category of "major sources" of such pollutants, id.

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