United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 11-1108 September Term, 2016
EPA-76FR15608
EPA-78FR7138
Filed On: December 23, 2016
United States Sugar Corporation,
Petitioner
v.
Environmental Protection Agency,
Respondent
------------------------------
American Chemistry Council, et al.,
Intervenors
------------------------------
Consolidated with 11-1124, 11-1134,
11-1142, 11-1145, 11-1159, 11-1165,
11-1172, 11-1174, 11-1181, 13-1086,
13-1087, 13-1091, 13-1092, 13-1096,
13-1097, 13-1098, 13-1099, 13-1100,
13-1103
No. 11-1141
EPA-76FR15554
EPA-78FR7488
American Chemistry Council,
Petitioner
v.
Environmental Protection Agency,
Respondent
------------------------------
American Forest & Paper Association, et al.,
Intervenors
------------------------------
Consolidated with 11-1182, 11-1207,
11-1208, 13-1105, 13-1107
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 11-1108 September Term, 2016
BEFORE: Henderson, Brown, and Griffith, Circuit Judges
ORDER
Upon consideration of the petitions for panel rehearing filed on September 12,
2016 by Louisiana Environmental Action Network, Sierra Club, Clean Air Council,
Partnership for Policy Integrity, and Environmental Integrity Project in Nos. 11-1108, et
al. and 11-1141, et al.; by American Municipal Power, Inc. in No. 11-1108, et al.; and by
EPA in No. 11-1108, et al. as to remedy, and the responses to EPA’s petition, it is
ORDERED that the petition filed by EPA be granted to the extent that the
numeric MACT standards set in the Major Boilers Rule for new and existing sources in
each of the eighteen subcategories be remanded without vacatur for the agency to
conduct further proceedings consistent with the court's prior opinion, in accordance with
the opinion issued herein this date. It is
FURTHER ORDERED that the remaining petitions be denied.
The Clerk is directed to enter a new judgment. The Clerk is further directed to
issue the mandate forthwith.
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Ken Meadows
Deputy Clerk
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