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.https://leagle.com/images/logo.png
Argued September 22, 2020.
Decided January 29, 2021.
Attorney(s) appearing for the Case
Seth L. Johnson argued the cause and filed the briefs for 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.
Before: Tatel and Katsas, Circuit Judges, and Edwards, Senior Circuit Judge.
Tatel, 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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