Helping Hand Tools v. U.S. Environmental Protection Agency

ORDER

The opinion filed on September 2, 2016, is amended as follows:

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.

OPINION

Helping Hand Tools (“Helping Hand”) and Center for Biological Diversity (“Center”) petition for review of a final decision of the United States Environmental Protection Agency (“EPA”) granting Sierra Pacific Industries (“Sierra Pacific”) a prevention of significant deterioration (“PSD”) permit for construction of a new biomass-burning power plant at its lumber mill in California. Plaintiffs contend that EPA issued the PSD permit in violation of the Clean Air Act, 42 U.S.C. §§ 7401 -7671q. This is…