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OHIO v. UNITED STATES ENVTL. PROTECTION AGENCY

No. 19-3500.

969 F.3d 306 (2020)

State of OHIO; State of Tennessee, Plaintiffs-Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants-Appellees, Natural Resources Defense Council, Inc.; National Wildlife Federation, Intervenors-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 5, 2020.

Attorney(s) appearing for the Case

ARGUED: Benjamin M. Flowers , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellants. Robert J. Lundman , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Federal Appellees. Jolie D. McLaughlin , NATURAL RESOURCES DEFENSE COUNCIL, Chicago, Illinois, for Intervening Appellees. ON BRIEF: Benjamin M. Flowers , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, Elizabeth P. McCarter , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellants. Robert J. Lundman , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Federal Appellees. Jolie D. McLaughlin , NATURAL RESOURCES DEFENSE COUNCIL, Chicago, Illinois, Catherine Marlantes Rahm , NATURAL RESOURCES DEFENSE COUNCIL, New York, New York, Aaron Colangelo , NATURAL RESOURCES DEFENSE COUNCIL, Washington, D.C., for Intervening Appellees.

Before: COLE, Chief Judge; McKEAGUE and KETHLEDGE, Circuit Judges.

OPINION

During the 1930s, Winston Churchill was asked what Britain should do if Stanley Baldwin—then Lord President of the Privy Council, and a notorious advocate of appeasement—were to die in office. "Embalm, bury, and cremate," Churchill answered. "Take no chances!" The plaintiff States advocate...

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