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14-72553 - Helping Hand Tools, et al v. USEPA, et al


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14-72553 - Helping Hand Tools, et al v. USEPA, et al
September 2, 2016
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FILED OPINION (SUSAN P. GRABER, RICHARD C. TALLMAN and NANCY G. EDMUNDS) Costs are awarded to Respondents. The petitions for review are DENIED. Judge: RCT Authoring. FILED AND ENTERED JUDGMENT. [10110914] [14-72553, 14-72602]
December 23, 2016
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Filed order and amended opinion (SUSAN P. GRABER, RICHARD C. TALLMAN and NANCY G. EDMUNDS). The opinion filed on September 2, 2016, is amended as follows: 1. On page 28 of the slip opinion, “The environmental impact report (“EIR”) prepared by EPA . . .” is changed to, “The environmental impact report (“EIR”) prepared by a consultant for the Shasta County Department of Resource Management . . .” 2. On page 28 of the slip opinion, “EPA therefore conducted the EIR assuming . . .” is changed to, “The consultant therefore conducted the EIR assuming . . .” 3. On page 30 of the slip opinion, “The Bioenergy BACT Guidance EPA applied to the greenhouse gas emissions from Sierra Pacific’s new facility is rational and thoroughly consistent with EPA’s prior guidance” is changed to, “The Bioenergy BACT Guidance, as applied by EPA to the greenhouse gas emissions from Sierra Pacific’s new facility, is rational and is consistent with EPA’s prior practice.” With these amendments, the panel has voted to deny Center for Biological Diversity’s petition for panel rehearing. Judges Graber and Tallman have voted to deny Helping Hand Tools’ petition for rehearing en banc and Judge Edmunds so recommends. The full court has been advised of Helping Hand Tools’ petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for panel rehearing and the petition for rehearing en banc are DENIED. No further petitions for panel rehearing or rehearing en banc will be entertained. IT IS SO ORDERED.; Costs are awarded to Respondents. The petitions for review are DENIED.. [10245099] [14-72553, 14-72602]