SIERRA CLUB v. E.P.A.

No. 15-1465 Consolidated with 19-1024.

985 F.3d 1055 (2021)

SIERRA CLUB, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and Andrew Wheeler, Administrator, U.S. Environmental Protection Agency, Respondents State of Texas and Texas Commission on Environmental Quality, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 29, 2021.


Attorney(s) appearing for the Case

Seth L. Johnson argued the cause and filed the briefs for petitioners.

David O'Brien Frederick and Amy Catherine Dinn , Houston, TX, were on the brief for amicus curiae Caring for Pasadena Communities in support of petitioners.

Perry M. Rosen , Senior Attorney, United States Department of Justice, argued the cause for the respondents. With him on the brief were Jeffrey Bossert Clark , Assistant Attorney General, and Jonathan D. Brightbill , Principal Deputy Assistant Attorney General.

Ken Paxton , Attorney General, Office of the Attorney General for the State of Texas, Jeffrey C. Mateer , First Assistant Attorney General, Priscilla M. Hubenak , Chief, Environmental Protection Division, and Linda B. Secord , Assistant Attorney General, were on the brief for intervenor-respondents the State of Texas and the Texas Commission on Environmental Quality.

Bayron T. Gilchrist , Washington, DC, Barbara Baird , and Megan E. Lorenz Angarita were on the brief for amicus curiae South Coast Air Quality Management District in support of respondents.

Aaron M. Flynn , Lucinda Minton Langworthy , Washington, DC, Daryl L. Joseffer , Michael B. Schon , and Peter Tolsdorf were on the brief for amicus curiae American Chemistry Council, et al. in support of respondents.

Before: Tatel and Katsas, Circuit Judges, and Edwards, Senior Circuit Judge.


In these consolidated cases, we consider challenges to four provisions of the Environmental Protection Agency's 2015 and 2018 rules implementing the National Ambient Air Quality Standards for ozone. For the reasons set forth below, we vacate two provisions—the interprecursor trading program and the interpretation of...

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