Legal Opinion
Sierra Club v. Environmental Protection Agency
Court of Appeals for the D.C. Circuit
Decided December 19, 2008No. 02-1135, 03-1219, 06-1215, 07-1201PublishedCited by 58 opinions
1Opinion of the Court
Opinion for the Court by Circuit Judge ROGERS.
Dissenting opinion by Senior Circuit Judge RANDOLPH.
ROGERS, Circuit Judge:
Petitioners challenge the final rules promulgated by the Environmental Protection Agency exempting major sources of air pollution from normal emission standards during periods of startups, shutdowns, and malfunctions (“SSM”) and imposing alternative, and arguably less onerous requirements in their place.1 Because the general duty that applies during SSM events is inconsistent with the plain text of section 112 of the Clean Air Act (“CAA”), even accepting that “continuous”…
2Cases cited11 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- TRW Inc. v. AndrewsSupreme Court of the United States · 2001
- Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
- Kennecott Utah Copper Corporation v. United States Department of the Interior, American Iron and Steel Institute, IntervenorCourt of Appeals for the D.C. Circuit · 1996
- P & v Enterprises v. U.S. Army Corps of EngineersCourt of Appeals for the D.C. Circuit · 2008
6 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- United States Sugar Corp. v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2016
- Eagle Broadcasting Group, Ltd. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 2009
- Natural Resources Defense Council v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2009
- Castañeda v. SouzaCourt of Appeals for the First Circuit · 2015
- Eagle Pharmaceuticals, Inc. v. Alex Azar, IICourt of Appeals for the D.C. Circuit · 2020
53 more not listed; retrieve them via the Exa API.