Bluewater Network v. Environmental Protection Agency

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Petitioner Bluewater Network (Bluewa-ter) challenges the Environmental Protection Agency’s (EPA or Agency) final rule adopting a two-tiered approach to setting emissions standards for “Category 3” marine diesel engines which are “very large marine engines used primarily for propulsion power on ocean-going vessels such as container ships, tankers, bulk carriers, and cruise ships.” Control of Emissions from New Marine Compression-Ignition Engines at or Above 30 Liters Per Cylinder, 68 Fed. Reg. 9746,…