Sierra Club v. EPA, et al

Filing

OPINION and JUDGMENT filed : The petitions are GRANTED IN PART and DENIED IN PART. The redesignations of the Ohio and Indiana portions of the Cincinnati-Hamilton area are VACATED; the redesignation of the Kentucky portion is AFFIRMED. Decision for publication. Julia Smith Gibbons (AUTHORING) and Raymond M. Kethledge, Circuit Judges; Robert M. Dow, Jr., U.S. District Judge for the Northern District of Illinois, sitting by designation. [12-3169, 12-3182, 12-3420]

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Case: 12-3169 Document: 116-3 Filed: 03/18/2015 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 12-3169/3182/3420 FILED SIERRA CLUB, Petitioner, Mar 18, 2015 DEBORAH S. HUNT, Clerk v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; GINA MCCARTHY, Administrator of the United States Environmental Protection Agency, Respondents, STATE OF OHIO; OHIO UTILITY GROUP, et al., Intervenors. Before: GIBBONS and KETHLEDGE, Circuit Judges; DOW, District Judge. JUDGMENT On Petition for Review of Final Rules of the United States Environmental Protection Agency. THIS MATTER came before the court upon the petitions by Sierra Club. UPON FULL REVIEW of the record and the briefs and arguments of counsel, IT IS ORDERED that the petitions are GRANTED IN PART and DENIED IN PART. The redesignations of the Ohio and Indiana portions of the Cincinnati-Hamilton area are VACATED; the redesignation of the Kentucky portion is AFFIRMED. ENTERED BY ORDER OF THE COURT ____________________________________ Deborah S. Hunt, Clerk

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