United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 09-1322 September Term 2010

EPA-74FR66496

EPA-75FR49556

Filed On: December 10, 2010

Coalition for Responsible Regulation, Inc., et al.,

Petitioners

v.

Environmental Protection Agency,

Respondent

------------------------------

Consolidated with 10-1024, 10-1025, 10-1026,

10-1030, 10-1035, 10-1036, 10-1037, 10-1038,

10-1039, 10-1040, 10-1041, 10-1042, 10-1044,

10-1045, 10-1046, 10-1234, 10-1235, 10-1239,

10-1245, 10-1281, 10-1310, 10-1318, 10-1319,

10-1320, 10-1321

__________________

No. 10-1073

Coalition for Responsible Regulation, Inc., et al.,

Petitioners

v.

Environmental Protection Agency,

Respondent

------------------------------

Consolidated with 10-1083, 10-1099, 10-1109,

10-1110, 10-1114, 10-1115, 10-1118, 10-1119,

10-1120, 10-1122, 10-1123, 10-1124, 10-1125,

10-1126, 10-1127, 10-1128, 10-1129, 10-1131,

10-1132, 10-1145, 10-1147, 10-1148, 10-1199,

10-1200, 10-1201, 10-1202, 10-1203, 10-1205,

10-1206, 10-1207, 10-1208, 10-1209, 10-1210,

10-1211, 10-1212, 10-1213, 10-1215, 10-1216,

10-1218, 10-1219, 10-1220, 10-1221, 10-1222

Case: 09-1322 Document: 1282558 Filed: 12/10/2010 Page: 1
United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 09-1322 September Term 2010

__________________

No. 10-1092

Coalition for Responsible Regulation, Inc., et al.,

Petitioners

v.

Environmental Protection Agency,

Respondent

------------------------------

Consolidated with 10-1094, 10-1134, 10-1143,

10-1144, 10-1152, 10-1156, 10-1158, 10-1159,

10-1160, 10-1161, 10-1162, 10-1163, 10-1164,

10-1166, 10-1172, 10-1182

BEFORE: Ginsburg, Tatel, and Brown, Circuit Judges

O R D E R

Upon consideration of the motions to stay, the response thereto, and the replies;

the motion for leave to file a response, the opposition thereto, and the reply; the motion

for leave to file declarations under seal; the motion to file a sur-reply, the response

thereto, and the reply; the motion for coordination of related cases, the responses

thereto, and the reply; and the Rule 28(j) letters and responses thereto, it is

ORDERED that the motion for leave to file a response be granted. The Clerk is

directed to file the lodged response of the Chamber of Commerce of the United States

of America. It is 

FURTHER ORDERED that the motion to file declarations under seal be granted. 

It is

FURTHER ORDERED that the motion to file a sur-reply be granted. The Clerk is

directed to file the lodged sur-reply. It is 

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Case: 09-1322 Document: 1282558 Filed: 12/10/2010 Page: 2
United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 09-1322 September Term 2010

FURTHER ORDERED that the motions to stay be denied. Petitioners have not

satisfied the stringent standards required for a stay pending court review. See

Washington Metro. Area Transit Comm’n v. Holiday Tours, Inc., 559 F.2d 841, 843

(D.C. Cir. 1977); D.C. Circuit Handbook of Practice and Internal Procedures 32 (2010). 

Specifically, with regard to each of the challenged rules, petitioners have not shown that

the harms they allege are “certain,” rather than speculative, or that the “alleged harm[s]

will directly result from the action[s] which the movant[s] seeks to enjoin.” Wisconsin

Gas Co. v. FERC, 758 F.2d 669, 674 (D.C. Cir. 1985) (per curiam). It is

FURTHER ORDERED that these cases be scheduled for oral argument on the

same day before the same panel.

Per Curiam

FOR THE COURT:

Mark J. Langer, Clerk 

BY: /s/

Ken R. Meadows

Deputy Clerk

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Case: 09-1322 Document: 1282558 Filed: 12/10/2010 Page: 3