NATURAL RESOURCES DEFENSE COUNCIL v. JOHNSON, 04-1323 (D.C. Cir. 9-13-2007)
Natural Resources Defense Council and Sierra Club, Petitioners v.Environmental Protection Agency and Stephen L. Johnson, Administrator,Environmental Protection Agency, Respondents American Forest and PaperAssociation Inc., et al., Intervenors.
No. 04-1323.United States Court of Appeals, District of Columbia Circuit.
Filed On: September 13, 2007.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
Consolidated with 04-1325, 04-1328, 06-1140.
BEFORE: Ginsburg, Chief Judge, and Rogers and Griffith, Circuit Judges.
Per Curiam
ORDER
Upon consideration of the petition of intervenors Coastal Industrial Products, Co, et al's ("Coastal") for rehearing filed August 2, 2007; and the motion of Hunt Forest Products, Inc. for leave to intervene for the limited purpose of joining in Coastal's petition for rehearing, it is.
ORDERED that the petition for rehearing be denied. Coastal has raised legal issues affecting implementation of the rules as to which the agency has not had the occasion to speak. Accordingly, these questions are better addressed by the EPA in the first instance. It is.
FURTHER ORDERED that the motion for leave to intervene be dismissed as moot.Page 2
Upon consideration of the Industry intervenors' petition for rehearing filed August 3, 2007; the motion for clarification; and the motion to stay the issuance of the mandate, the responses thereto, and the reply, it is.
ORDERED that the petition for rehearing be denied. It is.
FURTHER ORDERED that the motions be denied.Page 3
BEFORE: Ginsburg, Chief Judge, and Sentelle, Henderson, Randolph, Rogers, Tatel, Garland,[fn*] Brown, Griffith, and Kavanaugh, Circuit Judges.
[fn*] Circuit Judge Garland did not participate in this matter.
Upon consideration of the Industry intervenors' petition for rehearing en banc, and the absence of a request by any member of the court for a vote, it is.
ORDERED that the petition be denied.Page 1