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In the United States Court of Appeals for the District of Columbia Circuit

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In the United States Court of Appeals for the District of Columbia Circuit USCA Case #19-1140 Document #1856469 Filed: 08/13/2020 Page 1 of 36 ORAL ARGUMENT SCHEDULED OCTOBER 8, 2020 Nos. 19-1140 and consolidated cases In the United States Court of Appeals for the District of Columbia Circuit AMERICAN LUNG ASSOCIATION, et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents. On Petitions for Judicial Review of an Action of the United States Environmental Protection Agency 84 Fed. Reg. 32,520 (July 8, 2019) SUPPLEMENTAL DEFERRED JOINT APPENDIX VOLUME 2 SA000233 TO SA000244 COUNSEL LISTED ON INSIDE COVER August 13, 2020 USCA Case #19-1140 Document #1856469 Filed: 08/13/2020 Page 2 of 36 JEFF DENNIS Steve Marshall Advanced Energy Economy ATTORNEY GENERAL OF 1000 Vermont Ave, N.W., 3d Fl. ALABAMA Washington, D.C. 20005 Edmund G. LaCour Jr. Telephone: (202) 380-1950 Solicitor General [email protected] 501 Washington Avenue Montgomery, AL 36130 Counsel for Advanced Energy Economy Tel: (334) 353-2196 [email protected] Counsel for State of Alabama Kevin G. Clarkson Ann Brewster Weeks ATTORNEY GENERAL OF James P. Duffy ALASKA Clean Air Task Force Clyde Sniffen Jr. 114 State Street, 6th Floor Chief of Staff Counsel of Record Boston, MA 02109 Alaska Department of Law (617) 359-4077 1031 W. 4th Ave. #200 [email protected] Anchorage, AK 99501 [email protected] Tel: (907) 269-5100 [email protected] Counsel for American Lung Association, American Public Health Association, Counsel for State of Alaska Appalachian Mountain Club, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, and Minnesota Center for Environmental Advocacy i USCA Case #19-1140 Document #1856469 Filed: 08/13/2020 Page 3 of 36 GENE GRACE F. William Brownell American Wind Energy Association Elbert Lin 1501 M St., N.W., Ste. 900 HUNTON ANDREWS KURTH Washington, D.C. 20005 Telephone: LLP 2200 Pennsylvania Avenue NW (202) 383-2500 [email protected] Washington, DC 20037 (202) 955-1500 Counsel for American Wind Energy [email protected] Association [email protected] Counsel for America’s Power Emily Church Schilling JOSHUA H. STEIN ATTORNEY Hollard & Hart, LLP GENERAL 901 K Street NW Dan Hirschman Suite 850 Senior Deputy Attorney General Washington, DC 20001 Taylor Crabtree Tel: 202-747-6574 Asher Spiller [email protected] Assistant Attorneys General North Carolina Department of Kristina R. Van Bockern Justice Hollard & Hart LLP P.O. Box 629 555 17th Street Raleigh, NC 27602 Suite 3200 (919) 716-6400 Denver, CO 80202-3979 Tel: 303-295-8107 Counsel for the State of North Carolina [email protected] Counsel for Basin Electric Power Cooperative ii USCA Case #19-1140 Document #1856469 Filed: 08/13/2020 Page 4 of 36 XAVIER BECERRA ATTORNEY David M. Flannery GENERAL Kathy G. Beckett Robert W. Byrne Edward L. Kropp Senior Assistant Attorney General Amy M. Smith David A. Zonana STEPTOE & JOHNSON, PLLC Supervising Deputy Attorney 707 Virginia Street General East Charleston, WV 25326 Jonathan A. Wiener Tel: (304) 353-8000 M. Elaine Meckenstock [email protected] Timothy E. Sullivan [email protected] Elizabeth B. Rumsey [email protected] Theodore A.B. McCombs [email protected] Deputy Attorneys General 1515 Clay Street Janet J. Henry Deputy General Oakland, CA 94612 Counsel AMERICAN ELECTRIC (510) 879-1300 POWER SERVICE CORP. 1 Riverside Plaza Attorneys for the State of California, by Columbus, Ohio 43215 and through Governor Gavin Newsom, Tel: (614) 716-1612 the California Air Resources Board, and [email protected] Attorney General Xavier Becerra Counsel for Appalachian Power Company, AEP Generating Company, AEP Generation Resources Inc., Indiana Michigan Power Company, Kentucky Power Company, Public Service Company of Oklahoma, Southwestern Electric Power Company, and Wheeling Power Company iii USCA Case #19-1140 Document #1856469 Filed: 08/13/2020 Page 5 of 36 DAVID M. WILLIAMSON TOM CARR WILLIAMSON LAW + POLICY, CITY ATTORNEY PLLC Debra S. Kalish 1850 M Street NW, Suite 840 City Attorney’s Office Washington, DC 20036 1777 Broadway, Tel.: (202) 256-6155 Second Floor Fax: (703) 519-0076 Boulder, CO 80302 maxwilliamson@williamsonlawpolic (303) 441-3020 y.com Counsel for the City of Boulder Counsel for Petitioner Biogenic CO2 Coalition Clare Lakewood Leslie Rutledge Elizabeth Jones ATTORNEY GENERAL OF Center for Biological Diversity ARKANSAS 1212 Broadway, Suite 800 Nicholas J. Bronni Oakland, CA 94612 Solicitor General (415) 844-7121 Vincent M. Wagner [email protected] Deputy Solicitor General [email protected] 323 Center Street, Suite 200 Little Rock, AR 72201 Counsel for Center for Biological Diversity Tel: (501) 682-6302 [email protected] Counsel for State of Arkansas iv USCA Case #19-1140 Document #1856469 Filed: 08/13/2020 Page 6 of 36 C. Frederick Beckner, III Brittany E. Wright Scott A. Keller Jon A. Mueller Jeffrey H. Wood Chesapeake Bay Foundation, Inc. Jeremy Evan Maltz 6 Herndon Avenue BAKER BOTTS L.L.P. Annapolis, MD 21403 700 K Street NW (443) 482-2077 Washington, DC 20001 [email protected] Tel: (202) 639-7700 [email protected] [email protected] Counsel for Chesapeake Bay Foundation, Counsel for Chamber of Commerce of the Inc. United States of America MARK A. FLESSNER PHILIP J. WEISER CORPORATION COUNSEL ATTORNEY GENERAL Benna Ruth Solomon Eric R. Olson Deputy Corporation Counsel Solicitor General Jared Policicchio Robyn L. Wille Supervising Assistant Corporation Senior Asst. Attorney General Office Counsel of the Attorney General 30 N. LaSalle Street, Suite 800 1300 Broadway, 10th Floor Chicago, IL 60602 Denver, CO 80203 (312) 744-7764 (720) 508-6548 Counsel for the City of Chicago Counsel for the State of Colorado v USCA Case #19-1140 Document #1856469 Filed: 08/13/2020 Page 7 of 36 WILLIAM TONG KEVIN POLONCARZ ATTORNEY GENERAL DONALD L. RISTOW Matthew I. Levine JAKE LEVINE Scott N. Koschwitz COVINGTON & BURLING LLP Assistant Attorneys 415 Mission Street, Suite 5400 General Office of the Attorney San Francisco, CA 94105 General +1 (415) 591-6000 165 Capitol Avenue [email protected] Hartford, CT 06106 (860) 808-5250 Counsel for Consolidated Edison, Inc., Exelon Corporation, National Grid USA, Counsel for the State of Connecticut New York Power Authority, Power Companies Climate Coalition, Public Service Enterprise Group Incorporated, and Sacramento Municipal Utility District KATHLEEN JENNINGS KRISTIN M. BRONSON ATTORNEY GENERAL CITY ATTORNEY Valerie S. Edge Lindsay S. Carder Deputy Attorney General Edward J. Gorman Delaware Department of Justice 102 Assistant City Attorneys West Water Street, 3d Floor 201 W. Colfax Avenue, Dept. 1207 Dover, DE 19904 Denver, Colorado 80202 (302) 257-3219 (720) 913-3275 Counsel for the State of Delaware Counsel for the City and County of Denver vi USCA Case #19-1140 Document #1856469 Filed: 08/13/2020 Page 8 of 36 Sean H. Donahue Howard Learner Susannah L. Weaver Scott Strand Donahue, Goldberg, Weaver, Alda Yuan & Littleton Environmental Law & Policy Center 1008 Pennsylvania Ave., SE 35 E Wacker Dr. Suite 1600 Washington, DC 20003 Chicago, IL 60601 (202) 277-7085 (312) 673-6500 [email protected] [email protected] [email protected] [email protected] [email protected] Vickie L. Patton Tomás Carbonell Counsel for Environmental Law & Policy Benjamin Levitan Center Environmental Defense Fund 1875 Connecticut Ave., NW Suite 600 Washington, DC 20009 (202) 387-3500 [email protected] [email protected] [email protected] Counsel for Environmental Defense Fund vii USCA Case #19-1140 Document #1856469 Filed: 08/13/2020 Page 9 of 36 JEFFREY BOSSERT CLARK Christopher M. Carr Assistant Attorney General ATTORNEY GENERAL OF JONATHAN D. BRIGHTBILL GEORGIA Principal Deputy Assistant Attorney Andrew A. Pinson General Solicitor General MEGHAN E. GREENFIELD Office of the Attorney General BENJAMIN CARLISLE 40 Capitol Square S.W. Attorneys Environment and Natural Atlanta, GA 30334-1300 Resources Division Tel: (404) 651-9453 U.S. Department of Justice Fax: (404) 657-8773 Post Office Box 7411 [email protected] Washington, D.C. 20044 (202) 514-2795 Counsel for State of Georgia [email protected] Counsel for the Environmental Protection Agency and Andrew Wheeler, Administrator Melissa Horne CLARE E. CONNORS TROUTMAN PEPPER ATTORNEY GENERAL HAMILTON SANDERS LLP 600 William F. Cooper Peachtree Street, NE Suite 3000 Deputy Attorney General Atlanta, GA 30308-2216 465 S. King Street, Room 200 Honolulu, HI 96813 Angela Jean Levin (808) 586-4070 TROUTMAN PEPPER HAMILTON SANDERS LLP Three Counsel for the State of Hawaii Embarcadero Center Suite 800 San Francisco, CA 94111 Counsel for Georgia Power Company viii USCA Case #19-1140 Document #1856469 Filed: 08/13/2020 Page 10 of 36 KWAME RAOUL Curtis T. Hill ATTORNEY GENERAL Matthew ATTORNEY GENERAL OF J. Dunn INDIANA Daniel I. Rottenberg Thomas M. Fisher Assistant Attorneys General Solicitor General 69 W. Washington St., 18th Floor Office of the Attorney General Chicago, IL 60602 Indiana Government Ctr. South (312) 814-3816 Fifth Floor 302 West Washington Street Counsel for the State of Illinois Indianapolis, IN 46205-2770 Tel: (317) 232-6255 Fax: (317) 232-7979 [email protected] Counsel for State of Indiana David M. Flannery Eugene M. Trisko Kathy G. Beckett LAW OFFICES OF EUGENE M. Edward L. Kropp TRISKO Amy M. Smith P.O. Box 330133 STEPTOE & JOHNSON, PLLC 707 Atlantic Beach, Florida 32233-0133 Virginia Street East (301) 639-5238 Charleston, WV 25326 [email protected] Tel: (304) 353-8000 [email protected] Counsel for International Brotherhood of [email protected] Boilermakers, Iron Ship Builders, [email protected] Blacksmiths, Forgers & Helpers, AFL- [email protected] CIO; International Brotherhood of Electrical Workers; United Mine Workers Counsel for Indiana Energy Association of America and Indiana Utility Group ix USCA Case #19-1140 Document #1856469 Filed: 08/13/2020 Page 11 of 36 Derek Schmidt Andrew Beshear ATTORNEY GENERAL OF GOVERNOR OF KENTUCKY KANSAS S.
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