SIERRA CLUB v. UNITED STATES ENVTL. PROT. AGENCY

No. 19-2562.

972 F.3d 290 (2020)

SIERRA CLUB, Petitioner v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Pennsylvania Department of Environmental Protection, Intervenor Respondent.

United States Court of Appeals, Third Circuit.

Opinion filed: August 27, 2020.


Attorney(s) appearing for the Case

Zachary M. Fabish, Esq. , Sierra Club Environmental Law Program, 50 F Street, N.W., 8th Floor, Washington, DC 20001. Charles McPhedran, Esq. [Argued], Earthjustice, 1617 John F. Kennedy Boulevard, Suite 1130, Philadelphia, PA 19103, Mychal Ozaeta, Esq. , Earthjustice, 707 707 Wilshire Boulevard, Suite 4300, Los Angeles, CA 90017, Counsel for Petitioner.

Brandon N. Adkins, Esq. [Argued], United States Department of Justice, Environment & Natural Resources Division, P.O. Box 7611, Ben Franklin Station, Washington, DC 20044, Counsel for Respondent.

Robert A. Reiley, Esq. , Pennsylvania Department of Environmental Protection, Office of Chief Counsel, 9th Floor, 400 Market Street, Rachel Carson State Office Building, Harrisburg, PA 17101, Jesse C. Walker, Esq. [Argued], Office of Attorney General of Pennsylvania, Bureau of Regulatory Counsel, RCSOB 9th Floor, P.O. Box 8464, Department of Environmental Protection, Harrisburg, PA 17105, Counsel for Intervenor.

Before: McKEE, BIBAS, and NYGAARD, Circuit Judges.


OPINION

The Sierra Club petitions for review of the Environmental Protection Agency's approval of new Pennsylvania National Ambient Air Quality Standards (NAAQS). The proposed standards govern pollution output at coal-burning power plants in the Commonwealth. The Sierra Club argues that the standards wrongly claim...

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