`
`IN THE UNITED STATES COURT OF APPEALS
`FOR THE FOURTH CIRCUIT
`
`
`
`
`
`
`
`
`
`
` No.
`
`
` )
`
`
`
`
`)
`CAPE FEAR RIVER WATCH, RURAL
`)
`)
`EMPOWERMENT ASSOCIATION FOR
`)
`COMMUNITY HELP, WATERKEEPERS
`)
`CHESAPEAKE, ANIMAL LEGAL DEFENSE
`)
`FUND, CENTER FOR BIOLOGICAL
`)
`)
`DIVERSITY, COMITE CIVICO DEL VALLE,
`)
`ENVIRONMENT AMERICA, FOOD &
`)
`WATER WATCH, THE HUMANE SOCIETY
`)
`)
`OF THE UNITED STATES, and
`)
`WATERKEEPER ALLIANCE,
`)
`
`
`)
`Petitioners,
`)
`)
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`v.
`
`
`
`U.S. ENVIRONMENTAL PROTECTION
`AGENCY and ANDREW WHEELER, in his
`official capacity as Administrator of the U.S.
`Environmental Protection Agency,
`
`
`Respondents.
`
`
`
`
`
`
`PETITION FOR REVIEW
`Pursuant to Section 509(b)(1) of the Clean Water Act, 33 U.S.C. § 1369(b)(1),
`
`Federal Rule of Appellate Procedure 15, and Fourth Circuit Local Rule 15, Cape
`
`Fear River Watch, Rural Empowerment Association for Community Help,
`
`Waterkeepers Chesapeake, Animal Legal Defense Fund, Center for Biological
`
`Diversity, Comite Civico del Valle, Environment America, Food & Water Watch,
`
`
`
`USCA4 Appeal: 19-2450 Doc: 3-1 Filed: 12/18/2019 Pg: 2 of 5
`
`
`
`the Humane Society of the United States, and Waterkeeper Alliance hereby petition
`
`the United States Court of Appeals for the Fourth Circuit for review of the final
`
`action of Respondents U.S. Environmental Protection Agency (“EPA” or “Agency”)
`
`and EPA Administrator Andrew Wheeler determining that revision of the effluent
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`limitation guidelines, revision of associated effluent limitations, and promulgation
`
`of pretreatment standards for the Meat and Poultry Products industrial point source
`
`category (40 C.F.R. Part 432) is not appropriate at this time. EPA announced this
`
`action in a Federal Register notice published at 84 Fed. Reg. 57,019 (Oct. 24, 2019)
`
`and titled “Preliminary Effluent Guidelines Program Plan 14” (Exhibit A). EPA also
`
`announced this action in “Preliminary Effluent Guidelines Program Plan 14”
`
`(“Preliminary Plan 14”) (Exhibit B), which EPA published on its website on October
`
`24, 2019. EPA’s docket number for Preliminary Plan 14 is EPA-OW-2018-0618.
`
`Respectfully submitted this 18th day of December, 2019.
`
`s/ Sylvia Lam
`Sylvia Lam, Attorney
`Abel Russ, Senior Attorney
`Environmental Integrity Project
`1000 Vermont Avenue NW
`Suite 1100
`Washington, DC 20005
`(202) 888-2701
`slam@environmentalintegrity.org
`aruss@environmentalintegrity.org
`
`
` 2
`
`
`
`
`
`
`
`
`
`USCA4 Appeal: 19-2450 Doc: 3-1 Filed: 12/18/2019 Pg: 3 of 5
`
`
`
`s/ Peter Lehner
`Peter Lehner, Managing Attorney
`Alexis Andiman, Senior Associate Attorney
`Earthjustice
`48 Wall Street, 19th Floor
`New York, NY 10005
`(212) 845-7376
`aandiman@earthjustice.org
`plehner@earthjustice.org
`
`Carrie Apfel
`Staff Attorney
`Earthjustice
`1625 Massachusetts Avenue NW
`Suite 702
`Washington, DC 20036
`(202) 797-4310
`capfel@earthjustice.org
`
`Counsel for Petitioners Cape Fear River
`Watch, Rural Empowerment Association for
`Community Help, Waterkeepers
`Chesapeake, Animal Legal Defense Fund,
`Center for Biological Diversity, Comite
`Civico del Valle, Environment America,
`Food & Water Watch, the Humane Society
`of the United States, and Waterkeeper
`Alliance
`
`
`
`
` 3
`
`
`
`
`
`
`
`
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`
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`USCA4 Appeal: 19-2450 Doc: 3-1 Filed: 12/18/2019 Pg: 4 of 5
`
`
`
`LIST OF RESPONDENTS
`
`
`
`As required by Local Rule 15(b), Petitioners Cape Fear River Watch, Rural
`
`Empowerment Association for Community Help, Waterkeepers Chesapeake,
`
`Animal Legal Defense Fund, Center for Biological Diversity, Comite Civico del
`
`Valle, Environment America, Food & Water Watch, the Humane Society of the
`
`United States, and Waterkeeper Alliance provide a list of respondents below
`
`identifying the Respondents’ names and addresses, and the name and addresses of
`
`Matthew Leopold
`General Counsel
`U.S. Environmental Protection Agency
`Mail Code: 2310A
`1200 Pennsylvania Avenue, N.W.
`Washington, DC 20460
`
`
`
`
`
` 4
`
`
`
`Respondents’ counsel, for service.
`
`Andrew Wheeler
`Administrator
`U.S. Environmental Protection Agency
`Mail Code: 1101A
`1200 Pennsylvania Avenue, N.W.
`Washington, DC 20460
`
`William Barr
`Attorney General
`U.S. Department of Justice
`950 Pennsylvania Avenue NW
`Washington, DC 20530
`
`
`
`
`
`
`
`USCA4 Appeal: 19-2450 Doc: 3-1 Filed: 12/18/2019 Pg: 5 of 5
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on December 18, 2019, a true and correct copy of the
`
`foregoing Petition for Review was served on Respondents by certified mail, return
`
`receipt requested, to each of the following addresses:
`
`Andrew Wheeler
`Administrator
`U.S. Environmental Protection Agency
`Mail Code: 1101A
`1200 Pennsylvania Avenue, N.W.
`Washington, DC 20460
`
`William Barr
`Attorney General
`U.S. Department of Justice
`950 Pennsylvania Avenue NW
`Washington, DC 20530
`
`
`
`
`
`
`Matthew Leopold
`General Counsel
`U.S. Environmental Protection Agency
`Mail Code: 2310A
`1200 Pennsylvania Avenue, N.W.
`Washington, DC 20460
`
`
`
`
`
`
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