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ARIZONA v. E.P.A.

No. 21-1159.

77 F.4th 1126 (2023)

State of ARIZONA, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and Michael S. Reagan, Administrator, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 11, 2023.

Attorney(s) appearing for the Case

Drew C. Ensign , Deputy Solicitor General, Office of the Attorney General for the State of Arizona, argued the cause for petitioners. With him on the briefs were Mark Brnovich , Attorney General, Jeff Landry , Attorney General, Office of the Attorney General for the State of Louisiana, Elizabeth Baker Murrill , Solicitor General, John M. O'Connor , Attorney General, Office of the Attorney General for the State of Oklahoma, Mithun Mansinghani , Solicitor General, Bryan Cleveland , Deputy Solicitor General, Dave Yost , Attorney General, Office of the Attorney General for the State of Ohio, Benjamin M. Flowers , Solicitor General, Ken Paxton , Attorney General, Office of the Attorney General for the State of Texas, and Judd E. Stone, II , Solicitor General.

Sue Chen , Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief was Todd Kim , Assistant Attorney General.

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

Suppose this Court were to extend a briefing deadline. The affected litigant would gain the option of taking more time to file its brief, but still could file on the original schedule. This litigant surely would raise an eyebrow in claiming that the extension caused it an injury. The petitioners here face a similar difficulty...

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