HEARTH, PATIO & BARBECUE ASSOCIATION v. EPA

Attorney(s) appearing for the Case

David Y. Chung , argued the cause for petitioner. With him on the briefs was Amanda Shafer Berman . David E. Menotti , entered an appearance.

Simi Bhat , Senior Trial Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were Jonathan Brightbill , Principal Deputy Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, and Scott Jordan , Counsel, U.S. Environmental Protection Agency.

Timothy D. Ballo , was on the brief for intervenor American Lung Association, et al. in support of respondent.

Letitia James , Attorney General, Office of the Attorney General for the State of New York, Barbara D. Underwood , Solicitor General, Anisha S. Dasgupta , Deputy Solicitor General, Philip J. Levitz , Assistant Solicitor General, Michael J. Myers , Senior Counsel, Nicholas C. Buttino , Assistant Attorney General, Clyde AEd@ Sniffen, Jr. , Acting Attorney General, Office of the Attorney General for the State of Alaska, William Tong , Attorney General, Office of the Attorney General for the State of Connecticut, Kwame Raoul , Attorney General, Office of the Attorney General for the State of Illinois, Brian E. Frosh , Attorney General, Office of the Attorney General for the State of Maryland, Keith Ellison , Attorney General, Office of the Attorney General for the State of Minnesota, Gurbir S. Grewal , Attorney General, Office of the Attorney General for the State of New Jersey, Ellen F. Rosenblum , Attorney General, Office of the Attorney General for the State of Oregon, Peter F. Neronha , Attorney General, Office of the Attorney General for the State of Rhode Island, Thomas J. Donovan, Jr. , Attorney General, Office of the Attorney General for the State of Vermont, Robert W. Ferguson , Attorney General, Office of the Attorney General for the State of Washington, and Jennifer A. Dold , General Counsel, were on the brief for amici curiae States of New York, et al. in support of respondent. Paul A. Garrahan , Attorney-in-Charge, Office of the Attorney General for the State of Oregon, Carol A. Iancu , Assistant Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Scott N. Koschwitz , Assistant Attorney General, Office of the Attorney General for the State of Connecticut, Gregory S. Schultz , Special Assistant Attorney General, Office of the Attorney General for the State of Rhode Island, and Nicholas F. Persampieri , and William H. Sorrell , Assistant Attorneys General, Office of the Attorney General for the State of Vermont, entered appearances.

Before: Henderson, Pillard and Wilkins, Circuit Judges.