NATURAL RESOURCES DEFENSE COUNCIL, INC., State of Vermont, Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Andrew R. Wheeler, in His Capacity as Administrator of the U.S. Environmental Protection Agency, Respondents.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: November 20, 2019.
Decided: June 5, 2020.
Attorney(s) appearing for the Case
Gabriel Daly , Natural Resources Defense Council, New York, NY ( Katherine Desormeau , Natural Resources Defense Council, San Francisco, CA; Sarah C. Tallman , Natural Resources Defense Council, Chicago, IL, on the brief), for Petitioner Natural Resources Defense Council, Inc.
Justin E. Kolber , Assistant Attorney General, for Thomas J. Donovan, Jr., Attorney General for the State of Vermont, Montpelier, VT, for Petitioner State of Vermont.
Andrew S. Coghlan , Trial Attorney, Environmental Defense Section, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C. ( Jeffrey Bossert Clark , Assistant Attorney General, Jonathan D. Brightbill , Deputy Assistant Attorney General, Erin Koch , U.S. Environmental Protection Agency, Washington, D.C. on the brief), for Respondents.
Ellen F. Rosenblum , Attorney General of Oregon, Benjamin Gutman , Solicitor General, Oregon, Steven Novick , Special Assistant Attorney General, Oregon, William Tong , Attorney General of Connecticut, Clare E. Connors , Attorney General of Hawaii, Aaron Frey , Attorney General of Maine, Brian E. Frosh , Attorney General of Maryland, Maura Healey , Attorney General of Massachusetts, Gurbir S. Grewal , Attorney General of New Jersey, Josh Shapiro , Attorney General of Pennsylvania, Peter F. Neronha , Attorney General of Rhode Island, Robert W. Ferguson , Attorney General of Washington, Max Kieley , Assistant Attorney General, Minnesota, for Amici Curiae Oregon, Connecticut, Hawaii, Massachusetts, Maine, Maryland, Minnesota (by and through its Minnesota Pollution Control Agency), New Jersey, Pennsylvania, Rhode Island, and Washington.
Before: Walker, Lynch, and Sullivan, Circuit Judges.
Gerard E. Lynch, Circuit Judge.
In 2016, Congress amended the Toxic Substances Control Act of 1976 ("TSCA") to require the U.S. Environmental Protection Agency ("EPA") to "carry out and publish" a triennial "inventory of mercury supply, use, and trade in the United States." 15 U.S.C. § 2607(b)(10)(B). In 2018, EPA promulgated the Mercury Reporting...
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