Clean Air Council v. United States Steel Corp

4 F.4th 204

Opinion

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________

No. 20-2215 _______________

CLEAN AIR COUNCIL, Appellant

v.

UNITED STATES STEEL CORPORATION _______________

(W.D. Pa. No. 2-19-cv-01072) _______________

SUR PETITION FOR REHEARING _______________

Present: SMITH, Chief Judge, and McKEE, AMBRO, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., SHWARTZ, RESTREPO, BIBAS, PORTER, MATEY, and PHIPPS, Circuit Judges

The petition for rehearing filed by Appellant in the above-captioned case having been

submitted to the judges who participated in the decision, it is hereby ORDERED that the

petition for rehearing by the panel is GRANTED. The opinion and judgment filed June

21, 2021, are hereby VACATED. A subsequent opinion and judgment are herewith issued.

A majority of the judges of the circuit in regular service not having voted for rehearing,

the petition for rehearing by the Court en banc is DENIED.

By the Court,

/s/ Stephanos Bibas Circuit Judge Dated: July 20, 2021 cc: All Counsel of Record