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UNION OF CONCERNED SCIENTISTS v. DEPT. OF ENERGY

No. 20-1247.

998 F.3d 926 (2021)

UNION OF CONCERNED SCIENTISTS, Petitioner v. UNITED STATES DEPARTMENT OF ENERGY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 28, 2021.

Attorney(s) appearing for the Case

David C. Bender argued the cause for petitioner. On the briefs were Kim Smaczniak and Charles Carter Hall .

Sarah Carroll , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were Brian M. Boynton , Acting Assistant Attorney General, and Michael S. Raab , Attorney.

Delia D. Patterson , John E. McCaffrey , Robert Stroh , Jonathan D. Schneider , Washington, DC, and Nicholas J. Pascale were on the brief for amici curiae American Public Power Association, et al. in support of respondent.

Before: Rogers and Katsas, Circuit Judges, and Silberman, Senior Circuit Judge.

The Union of Concerned Scientists petitions for review of a Department of Energy rule concerning the designation of "critical electric infrastructure information," 16 U.S.C. § 824o-1(a)(3). The Union contends that the rule exceeds the Department's authority under section 215A of the Federal Power Act, is arbitrary and...

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