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SIERRA CLUB v. E.P.A.

No. 20-1121.

47 F.4th 738 (2022)

SIERRA CLUB, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and Michael S. Regan, Administrator, U.S. Environmental Protection Agency, Respondents. BCCA Appeal Group, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 26, 2022.

Attorney(s) appearing for the Case

Seth L. Johnson argued the cause for petitioners. With him on the briefs was Neil Gormley . Adam M. Kron entered an appearance.

Meghan E. Greenfield , Senior Counsel, U.S. Department of Justice, argued the cause for respondents. On the brief were Todd Kim , Assistant Attorney General, and Alan D. Greenberg , Attorney.

Aaron M. Streett argued the cause for intervenors. With him on the brief were Matthew L. Kuryla , Ken Paxton , Attorney General, Office of the Attorney General for the State of Texas, Priscilla M. Hubenak , Chief, Environmental Protection Division, and Linda B. Secord and John R. Hulme , Assistant Attorneys General.

Before: Srinivasan, Chief Judge, Tatel and Katsas, Circuit Judges.

Under the Clean Air Act, areas failing to attain the Environmental Protection Agency's national ambient air quality standards must implement measures aimed to achieve and maintain compliance. In 2020, EPA issued two rules lifting certain of those measures in the Houston and Dallas areas. Sierra Club and other environmental...

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