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Steam Electric Reconsideration Rule, Which Was Published in the Federal Register at 85

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Steam Electric Reconsideration Rule, Which Was Published in the Federal Register at 85 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT CLEAN WATER ACTION, ENVIRONMENTAL INTEGRITY PROJECT, SIERRA CLUB, WATERKEEPER ALLIANCE, INC., NATURAL RESOURCES DEFENSE COUNCIL, INC., CENTER FOR BIOLOGICAL DIVERSITY, PENNENVIRONMENT, INC., CHESAPEAKE CLIMATE ACTION NETWORK, and PRAIRIE RIVERS NETWORK Case No. _______________ Petitioners, v. ANDREW WHEELER, Administrator, U.S. Environmental Protection Agency and U.S. ENVIRONMENTAL PROTECTION AGENCY Respondents. PETITION FOR REVIEW Pursuant to Section 509(b)(1) of the Clean Water Act, 33 U.S.C. § 1369(b)(1), and Federal Rule of Appellate Procedure 15(a), Clean Water Action, Environmental Integrity Project, Sierra Club, Waterkeeper Alliance, Inc., Natural Resources Defense Council, Inc., Center for Biological Diversity, PennEnvironment, Inc., Chesapeake Climate Action Network, and Prairie Rivers Network hereby petition this Court for review of the final action of the United States Environmental Protection Agency and Andrew Wheeler entitled Steam Electric Reconsideration Rule, which was published in the Federal Register at 85 Fed. Reg. 64,650 on October 13, 2020 (Attachment 1). The agency docket number for the rule is EPA-HQ-OW-2009-0819. In accordance with the Federal Register notice and 40 C.F.R. part 23, the rule was issued for purposes of judicial review on October 27, 2020. Dated: November 2, 2020 Respectfully submitted, _/s Thomas Cmar__________________________ Thomas Cmar Earthjustice 311 S. Wacker Dr., Ste. 1400 Chicago, IL 60606 T: (312) 257-9338 E: [email protected] Lisa K. Perfetto Earthjustice 48 Wall Street, 15th Floor New York, NY 10005 T: (212) 845-7388 E: [email protected] Counsel for Petitioners Clean Water Action, Sierra Club, Waterkeeper Alliance, Inc., Natural Resources Defense Council, Inc., and Center for Biological Diversity Casey Austin Roberts Sierra Club Environmental Law Program 1536 Wynkoop Street, Suite 312 Denver, CO 80202 T: (303) 454-3355 2 E: [email protected] Joshua Smith Sierra Club Environmental Law Program 2101 Webster Street, Suite 1300 Oakland, CA 94612 T: (415) 977-5560 E: [email protected] Amanda Garcia Southern Environmental Law Center 1033 Demonbreun Street, Ste. 205 Nashville, TN 37203 T: (615) 921-9470 E: [email protected] Counsel for Petitioner Sierra Club Hannah M.M. Connor Center for Biological Diversity P.O. Box 2155 St. Petersburg, FL 33731 T: (202) 681-1676 E: [email protected] Counsel for Petitioner Center for Biological Diversity Abel Russ Environmental Integrity Project 1000 Vermont Avenue NW, Suite 1100 Washington, DC 20005 T: (202) 296-8800 E: [email protected] Counsel for Petitioners Environmental Integrity Project, PennEnvironment, Inc., Chesapeake Climate Action Network, and Prairie Rivers Network 3 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT CLEAN WATER ACTION, ENVIRONMENTAL INTEGRITY PROJECT, SIERRA CLUB, WATERKEEPER ALLIANCE, INC., NATURAL RESOURCES DEFENSE COUNCIL, INC., CENTER FOR BIOLOGICAL DIVERSITY, PENNENVIRONMENT, INC., CHESAPEAKE CLIMATE ACTION NETWORK, and PRAIRIE RIVERS NETWORK Case No. _______________ Petitioners, v. ANDREW WHEELER, Administrator, U.S. Environmental Protection Agency and U.S. ENVIRONMENTAL PROTECTION AGENCY Respondents. RULE 26.1 DISCLOSURE STATEMENT Pursuant to Federal Rule of Appellate Procedure 26.1 and D.C. Circuit Rule 26.1, Petitioners Clean Water Action, Environmental Integrity Project, Sierra Club, Waterkeeper Alliance, Inc., Natural Resources Defense Council, Inc., Center for Biological Diversity, PennEnvironment, Inc., Chesapeake Climate Action Network, and Prairie Rivers Network make the following disclosures: Clean Water Action Non-Governmental Corporate Party to this Action: Clean Water Action. Parent Corporations: None. Publicly Held Company that Owns 10% or More of Party’s Stock: None. Party’s General Nature and Purpose: Clean Water Action is a national, non-profit membership organization incorporated under the laws of the District of Columbia and has more than 500,000 members nationwide. Clean Water Action’s mission includes the prevention of pollution in the nation’s waters, protection of natural resources, creation of environmentally-safe jobs and businesses, and empowerment of people to make democracy work. Environmental Integrity Project Non-Governmental Corporate Party to this Action: Environmental Integrity Project. Parent Corporations: None. Publicly Held Company that Owns 10% or More of Party’s Stock: None. Party’s General Nature and Purpose: Environmental Integrity Project (“EIP”) is a non-profit organization based in Washington, D.C. EIP’s objectives are to provide objective analysis of how the failure to enforce or implement environmental laws increases pollution and affects the public’s health, to hold federal and state agencies, as well as individual corporations, accountable for failing to enforce or 2 comply with environmental laws, and to help local communities in key states obtain the protection of environmental laws. Sierra Club Non-Governmental Corporate Party to this Action: Sierra Club. Parent Corporations: None. Publicly Held Company that Owns 10% or More of Party’s Stock: None. Party’s General Nature and Purpose: Sierra Club is a non-profit corporation incorporated in San Francisco, California, with more than 823,000 members nationwide. Sierra Club is dedicated to exploring, enjoying, and protecting the wild places of the Earth; to practicing and promoting responsible use of the Earth’s resources and ecosystem; and to educating and enlisting humanity to protect and restore the quality of the natural and human environment; and to use all lawful means to carry out those objectives. Waterkeeper Alliance, Inc. Non-Governmental Corporate Party to this Action: Waterkeeper Alliance, Inc. Parent Corporations: None. Publicly Held Company that Owns 10% or More of Party’s Stock: None. Party’s General Nature and Purpose: Waterkeeper Alliance, Inc. is a non-profit headquartered in New York, New York uniting more than 350 Waterkeeper Organizations and Affiliates around the world and focusing citizen advocacy on 3 issues that affect our waterways and water quality. Within the United States, Waterkeeper Alliance, Inc. works with more than 175 Waterkeeper Organizations and Affiliates to create and preserve drinkable, fishable, swimmable, and clean waterways. Natural Resources Defense Council, Inc. Non-Governmental Corporate Party to this Action: Natural Resources Defense Council, Inc. Parent Corporations: None. Publicly Held Company that Owns 10% or More of Party’s Stock: None. Party’s General Nature and Purpose: NRDC is a national, not-for-profit membership corporation with its principal place of business in New York, New York. Founded in 1970, NRDC represents more than 440,660 members nationwide. NRDC’s mission is to safeguard the Earth: its people, its plants and animals, and the natural systems on which all life depends. Center for Biological Diversity Non-Governmental Corporate Party to this Action: Center for Biological Diversity Parent Corporations: None. Publicly Held Company that Owns 10% or More of Party’s Stock: None. Party’s General Nature and Purpose: Center for Biological Diversity, a corporation organized and existing under the laws of the State of California, is a national non- 4 profit organization dedicated to the protection of endangered species and the environment. PennEnvironment, Inc. Non-Governmental Corporate Party to this Action: PennEnvironment, Inc. Parent Corporations: None. Publicly Held Company that Owns 10% or More of Party’s Stock: None. Party’s General Nature and Purpose: PennEnvironment, Inc. is a non-profit environmental advocacy group that is actively engaged in education, research, lobbying, litigation, and citizen organizing to encourage conservation and environmental protections in Pennsylvania. PennEnvironment, Inc. has worked to reduce toxic pollution in Pennsylvania waterways and educate the public about the dangers of mercury and other toxic pollutants through its reports and grassroots outreach on behalf of its tens of thousands of members. Chesapeake Climate Action Network Non-Governmental Corporate Party to this Action: Chesapeake Climate Action Network. Parent Corporations: None. Publicly Held Company that Owns 10% or More of Party’s Stock: None. Party’s General Nature and Purpose: Chesapeake Climate Action Network (“CCAN”) is a grassroots, non-profit organization founded to transition the region 5 towards clean-energy solutions to climate change, specifically in Maryland, Virginia, and Washington, D.C. CCAN’s mission is to educate and mobilize citizens in a way that fosters a rapid societal switch to clean energy sources. This mission includes ensuring that facilities that contribute to global warming, such as coal-fired power plants, do not impact the health of CCAN’s members or the environment through the release of dangerous pollutants. Prairie Rivers Network Non-Governmental Corporate Party to this Action: Prairie Rivers Network. Parent Corporations: None. Publicly Held Company that Owns 10% or More of Party’s Stock: None. Party’s General Nature and Purpose: Prairie Rivers Network (“PRN”) is an Illinois non-profit organization that champions clean, healthy rivers and lakes and safe drinking water to benefit the people and wildlife of Illinois. Drawing upon sound science and working cooperatively with others, PRN advocates public policies and cultural values that sustain the ecological health
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