IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

AMERICAN LUNG ASSOCIATION, et al, 

 Plaintiffs, 

 and 

HEARTH, PATIO & BARBECUE 

ASSOCIATION, 

ATTN: Jack H. Goldman 

1901 North Moore St., Suite 600 

Arlington, VA 22209 

Proposed Plaintiff-Intervenor 

v. 

GINA MCCARTHY, in her official capacity as 

Administrator, U.S. Environmental Protection 

Agency, 

 Defendant. 

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 No. 13-cv-01555 (GK) 

MOTION TO INTERVENE AS PLAINTIFF BY 

HEARTH, PATIO & BARBECUE ASSOCIATION

Hearth, Patio & Barbecue Association (“HPBA”) respectfully moves this Court for leave 

to intervene as a plaintiff in this action pursuant to Fed. R. Civ. P. 24 and Local Rule 7(j). As a 

longstanding and active stakeholder in both historic and continuing efforts related to the 

development and revision of new source performance standards under Subpart AAA of the Part 

60 regulations under the Clean Air Act (“CAA”), HPBA has Article III standing and satisfies the 

requirements for intervention as a matter of right or, alternatively, for permissive intervention. 

HPBA is an international trade association representing the interests of the hearth 

products industry throughout the United States. HPBA’s members are directly regulated by 

Case 1:13-cv-01555-GK Document 13 Filed 10/31/13 Page 1 of 3
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Clean Air Act standards for solid fuel burning appliances such as those under Subpart AAA. 

HPBA shares Plaintiffs’ view that the U.S. Environmental Protection Agency’s (“EPA”) failure 

to timely review and revise the regulations in Subpart AAA violates the Agency’s statutory 

duties under Clean Air Act Section 111(b). EPA’s noncompliance, however, uniquely affects 

HPBA’s members, who bear the burden of complying with any future revised and additional 

standards. In particular, EPA’s failure to act has had an industry-wide impact on manufacturers’ 

ability to meaningfully plan to ensure compliance with revised regulatory requirements, and to 

do so without incurring additional costs caused by the regulatory uncertainty resulting from 

EPA’s delay. EPA’s delay also affects manufacturers of certain specific hearth industry products 

who currently face a patchwork of inconsistent state regulatory requirements and, in some cases, 

product bans. 

HPBA seeks to intervene in this action pursuant to Fed. R. Civ. P. 24(a). Under Rule 

24(a), a party may intervene as of right when it has an interest that may be impaired or impeded 

by the disposition of the action and its interest is not adequately represented by other parties. 

Alternatively, HPBA seeks permissive intervention under Rule 24(b). As explained in the 

accompanying statement of points and authorities in support of this motion, and the declarations 

attached thereto, HPBA meets the requirements to intervene under both Rule 24(a) and Rule 

24(b). 

Counsel for HPBA has conferred with counsel for Plaintiffs, who indicated that Plaintiffs 

intend to review HPBA’s Motion before taking a position. Counsel for HPBA also conferred 

with counsel for EPA, who indicated that EPA takes no position at this time, but reserves the 

right to oppose the Motion within the time allotted under the Court’s rules. 

Case 1:13-cv-01555-GK Document 13 Filed 10/31/13 Page 2 of 3
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Accordingly, HPBA respectfully requests that the Court grant its motion to intervene as a 

plaintiff. 

October 31, 2013 Respectfully submitted, 

 /s/ David E. Menotti 

 David E. Menotti (No. 158089) 

 David Y. Chung (No. 500420) 

 Dawn Miller (No. 998627) 

 CROWELL & MORING LLP 

 1001 Pennsylvania Avenue, N.W. 

 Washington, DC 20004-2595 

 (202) 624-2500 

Attorneys for Hearth, Patio & Barbecue 

Association 

Case 1:13-cv-01555-GK Document 13 Filed 10/31/13 Page 3 of 3