Clean Air Council v. United States Steel Corp

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________ No. 20-2215 _______________ CLEAN AIR COUNCIL, Appellant v. UNITED STATES STEEL CORPORATION _______________ (W.D. Pa. No. 2-19-cv-01072) _______________ SUR PETITION FOR REHEARING _______________ Present: SMITH, Chief Judge, and McKEE, AMBRO, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., SHWARTZ, RESTREPO, BIBAS, PORTER, MATEY, and PHIPPS, Circuit Judges The petition for rehearing filed by Appellant in the above-captioned case having been submitted to the judges who participated in the decision, it is hereby ORDERED that the petition for rehearing by the panel is GRANTED. The opinion and judgment filed June 21, 2021, are hereby VACATED. A subsequent opinion and judgment are herewith issued. A majority of the judges of the circuit in regular service not having voted for rehearing, the petition for rehearing by the Court en banc is DENIED. By the Court, /s/ Stephanos Bibas Circuit Judge Dated: July 20, 2021 cc: All Counsel of Record