CLEAN WISCONSIN v. E.P.A.

No. 18-1203 Consolidated with 18-1205, 18-1206, 18-1208, 18-1212, 18-1214.

964 F.3d 1145 (2020)

CLEAN WISCONSIN, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY and Andrew Wheeler, Administrator, United States Environmental Protection Agency, Respondents BCCA Appeal Group, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 2020.


Attorney(s) appearing for the Case

Daniel I. Rottenberg , Assistant Attorney General, Office of the Attorney General for the State of Illinois, Maxine I. Lipeles , David R. Baake , Robert Ukeiley , Howard A. Learner , and Ann Brewster Weeks argued the causes for petitioners. With them on the final joint briefs were Kwame Raoul , Attorney General, Office of the Attorney General for the State of Illinois, Jane Elinor Notz , Solicitor General, Benna Ruth Solomon , Stephen J. Kane , Susan Hedman , Chicago, IL, Elena K. Saxonhouse , Joshua A. Berman , Scott Strand , Ann Jaworski , and Jonathan Evans .

Letitia James , Attorney General, Office of the Attorney General for the State of New York, Barbara D. Underwood , Solicitor General, Steven C. Wu , Deputy Solicitor General, Michael J. Myers , Special Counsel for Air Pollution and Climate Change Litigation, Brian Lusignan , Assistant Attorney General, Kathleen Jennings , Attorney General, Office of the Attorney General for the State of Delaware, Brian E. Frosh , Attorney General, Office of the Attorney General for the State of Maryland, Keith Ellison , Attorney General, Office of the Attorney General for the State of Minnesota, Ellen F. Rosenblum , Attorney General, Office of the Attorney General for the State of Oregon, Thomas J. Donovan, Jr. , Attorney General, Office of the Attorney General for the State of Vermont, William Tong , Attorney General, Office of the Attorney General for the State of Connecticut, Aaron M. Frey , Attorney General, Office of the Attorney General for the State of Maine, Maura Healy , Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Gurbir S. Grewal , Attorney General, Office of the Attorney General for the State of New Jersey, Peter F. Neronha , Attorney General, Office of the Attorney General for the State of Rhode Island, Karl A. Racine , Attorney General, Office of the Attorney General for the District of Columbia, and Robert W. Ferguson , Attorney General, Office of the Attorney General for the State of Washington, were on the brief for amici curiae the States of New York, et al. in support of petitioners.

Sue Chen and Tsuki Hoshijima , Attorneys, U.S. Department of Justice, argued the causes for respondent. With them on the brief was Jeffrey Bossert Clark , Assistant Attorney General.

Neil D. Gordon , Assistant Attorney General, Office of the Attorney General for the State of Michigan, argued the cause for intervenor-respondent State of Michigan. With him on the brief were Dana Nessel , Attorney General, and Fadwa A. Hammoud , Solicitor General.

Aaron M. Streett argued the cause for intervenors Greater El Paso Chamber of Commerce, et al. in support of respondents. With him on the brief was Matthew L. Kuryla .

Gabe Johnson-Karp , Assistant Attorney General, Office of the Attorney General for the State of Wisconsin, argued the cause for intervenor State of Wisconsin in support of respondents. With him on the brief was Joshua L. Kaul , Attorney General.

Ken Paxton , Attorney General, Office of the Attorney General for the State of Texas, Kyle D. Hawkins , Solicitor General, Bill Davis , Deputy Solicitor General, and Linda B. Secord , Assistant Attorney General, were on the brief for respondent-intervenors the State of Texas, et al.

John R. Jacus , Shannon W. Stevenson , Denver, CO, Catherine E. Stetson , and Jennifer L. Biever were on the brief for amici curiae American Petroleum Institute, et al. in support of respondents.

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


In these consolidated petitions, several environmental organizations, municipal governments, and the State of Illinois challenge area designations promulgated by the Environmental Protection Agency (EPA) for the National Ambient Air Quality Standards (NAAQS) applicable to ground-level ozone, i.e., smog. Insisting...

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