United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
No. 19-1140 September Term, 2022
FILED ON: OCTOBER 27, 2022
AMERICAN LUNG ASSOCIATION AND AMERICAN PUBLIC HEALTH ASSOCIATION,
PETITIONERS
v.
ENVIRONMENTAL PROTECTION AGENCY AND ANDREW WHEELER, ADMINISTRATOR,
RESPONDENTS
AEP GENERATING COMPANY, ET AL.,
INTERVENORS
Consolidated with 19-1165, 19-1166, 19-1173, 19-1175, 19-1176, 19-1177, 19-1179, 19-1185,
19-1186, 19-1187, 19-1188
On Remand from the Supreme Court of the United States
Before: MILLETT, PILLARD and WALKER, Circuit Judges
AMENDED JUDGMENT
These causes came to be heard on remand from the Supreme Court, reversing this court's
judgment filed January 19, 2021, and remanding for further proceedings. See West Virginia v.
EPA, 142 S. Ct. 2587 (2022). On consideration thereof, it is
ORDERED and ADJUDGED that the Coal Petitioners’ petitions for review of the ACE
Rule be denied; the petitions for review challenging the timing portion of implementing
regulations be granted; the petitions for review challenging the repeal of the Clean Power Plan be
denied; and the remaining challenges to the ACE Rule be held in abeyance pending completion
of rulemaking by the EPA.
No. 19-1140 September Term, 2022
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is
directed to issue the partial mandate forthwith.
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Daniel J. Reidy
Deputy Clerk
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