WATERKEEPER ALLIANCE v. E.P.A.

No. 09-1017. Consolidated with 09-1104.

853 F.3d 527 (2017)

WATERKEEPER ALLIANCE, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. U.S. Poultry and Egg Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 11, 2017.


Attorney(s) appearing for the Case

Jonathan J. Smith , Marietta, GA, argued the cause for petitioners Waterkeeper Alliance, et al. With him on the briefs was Eve C. Gartner , New York, NY.

David Y. Chung argued the cause for petitioner National Pork Producers Council. With him on the briefs were Richard E. Schwartz , Washington, DC, and Sherrie A. Armstrong , Ellen Steen entered an appearance.

Daniel H. Lutz , Orrville, OH, and Hope M. Babcock were on the brief for amici curiae American Lung Association and American Thoracic Society in support of petitioners Waterkeeper Alliance, et al.

Jonathan Skinner-Thompson and Erica M. Zilioli , Attorneys, U.S. Department of Justice, argued the causes for respondent. With them on the brief was John C. Cruden , Assistant Attorney General. Sue S. Chen and Cynthia J. Morris , Attorneys, U.S. Department of Justice, entered appearances.

Eve C. Gartner and Jonathan J. Smith were on the brief for intervenors-respondents Waterkeeper Alliance, et al.

Richard E. Schwartz and David Y. Chung , Washington, DC, were on the brief for intervenor-respondent U.S. Poultry and Egg Association. Sherrie A. Armstrong and James T. Banks , Washington, DC, entered appearances.

Concurring opinion filed by Circuit Judge Brown.


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