Truck Petition

8/3/2019 Truck Petition

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RECEIVEDMail Room

NOV - 41111States Court pf A ' p p e ~ l s ofColumbia CircUit

UNITED STATES COURT OF APPEDISTRICT OF COLUMBIA CIRC ITAlfO

DELTA CONSTRUCTIONCOMPANY, INC., DALTONTRUCKING, INC., SOUTHERNCALIFORNIA CONTRACTORSASSOCIATION, CALIFORNIA DUMPTRUCK OWNERS ASSOCIATION,

Petitioners,

ORIGINAL

NOV ~ ' . . 4 Z 0 1

CLERK

v. Case No. 11-1428- - - - - - - - - - - - - - - - - -UNITED STATES ENVIRONMENTALPROTECTION AGENCY,

Respondent.

PETITION FOR REVIEWPursuant to section 307(b)(1) of the Clean Air Act, 42 U.S.C. 7607(b)(1),

Rule 15(a) of the Federal Rules ofAppellate Procedure, and Rule 15(a) of the rulesof this Court, Delta Construction Company, Inc., Dalton Trucking, Inc., SouthernCalifornia Contractors Association, Inc., and California Dump Truck OwnersAssociation hereby respectfully petition this Court for review of the nationallyapplicable final actionofRespondent United States Environmental Protection Agency

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USCA Case #11-1428 Document #1340401 Filed: 11/04/2011 Page 1 of 9


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published at 76 Fed Reg. 57106 (Sep. 15, 2011), entitled, "Greenhouse GasEmissions Standards and Fuel Efficiency Standards for Medium- and Heavy-DutyEngines and Vehicles," (CD enclosed), and the accompanying administrative record.

DATED: November 3,2011.Respectfully submitted,

THEODORE HADZI-ANTICH, No. 53056Pacific Legal Foundation930 G StreetSacramento, California 95814Telephone: (916) 419-7111Facsimile: (916) 419-7747Attorney for Petitioners

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CERTIFICATE OF SERVICE

I hereby certify that the foregoing petition was filed with the Clerk this 3rd dayof November, 2011, via Federal Express. I further certify that two copies of theforegoing petition were served this day via first-class mail, postage prepaid, to:

Eric H. Holder, Jr.Attorney GeneralU.S. Department of Justice950 Pennsylvania Avenue N.W.Washington, DC 20530-0001Ignacio S. MorenoAssistant Attorney GeneralEnvironment & Natural Resources DivisionU.S. Department of JusticeP.O. Box 4390Ben Franklin StationWashington, DC 20044-4390Lititia GrinshawChief, Environmental Defense SectionEnvironment & Natural Resources DivisionU.S. Department of JusticeP.O. Box 4390Ben Franklin StationWashington, DC 20044-4390

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John M. LipshultzEnvironmental Defense SectionEnvironment & Natural Resources DivisionU.S. Department of JusticeP.O. Box 23986Washington, DC ; t : ~

THEODORE HADZI-ANTICH

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RECEIVEDMail Room

ORIGINAL

NOV - 420ftUNITED STATES COURT OF A P P E P i t ~ r r n ; ~ m : m ; : : ; ; : : : ; ; : ; ; ; : : ; ; : : : : : : 1

DISTRICT OF COLUMBIA CIRC I OR DISTRICT OF COLUMBIA CIRCUIT-or AppealsDistrict ofColumbin Circuit

DELTA CONSTRUCTIONCOMPANY, INC., DALTONTRUCKING, INC., SOUTHERNCALIFORNIA CONTRACTORSASSOCIATION, CALIFORNIA DUMPTRUCK OWNERS ASSOCIATION,Petitioners,

v.UNITED STATES ENVIRONMENTALPROTECTION AGENCY,

Respondent.

Case No.

AlfO NOV -/.J2 011CLERK

11-1428- - - - - - - - - - - - - - - - - -

RULE 26.1 CORPORATE DISCLOSURE STATEMENTPursuant to Fed R. App. Proc. 26.1 and D.C. Circuit Rule 26.1, Petitioners

make the following disclosures:1. Delta Construction Company, Inc. is a California corporation engaged

in the business of road construction, performing services such as road paving,reconstruction, shoulder widening, and fabric installation. Delta Construction

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Company, Inc., has no parent companies. No publicly held corporation has 10% orgreater ownership in Delta Construction Company, Inc.

2. Dalton Trucking, Inc., is a California corporation engaged in thebusiness of operating and leasing loaders, dozers, blades, and water trucks andperforms specialized services in open top bulk transportation, lowbed, general freighton flatbeds and vans, as well as rail, intermodal, and 3PL services. Dalton Trucking,Inc., has no parent companies. No publicly held corporation has 10% or greaterownership in Dalton Trucking, Inc.

3. Southern California Contractors Association, Inc. ("SCCA") is a non-profit California corporation representing the interests of construction contractorsoperating in Southern California. SCCA has no parent companies. No publicly heldcorporation has 10% or greater ownership in SCCA.

4. California Dump Truck Owners Association ("CDTOA") is a nonprofitCalifornia trade association representing the interests of over 1 000 membersinvolved in a variety of business throughout California whose members own andoperate on-road and non-road vehicles, engines, and equipment. CDTOA has no

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parent companies. No publicly traded corporation has 10% or greater ownership inCDTOA.

DATED: November 3, 2010.Respectfully submitted,

/J,diZ YtTHEODORE HADZI-ANTICH, No. 53056Pacific Legal Foundation930 G StreetSacramento, California 95814Telephone: (916) 419-7111Facsimile: (916) 419-7747Attorney for Petitioners

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CERTIFICATE OF SERVICE

I hereby certify that the foregoing Rule 26.1 Corporate Disclosure Statementwas filed with the Clerk this 3rd day of November, 2011, via Federal Express. Ifurther certify that two copies of the foregoing statement were served this day viafirst-class mail, postage prepaid, to:

Eric H. Holder, Jr.Attorney GeneralU.S. Department of Justice950 Pennsylvania Avenue N.W.Washington, DC 20530-0001Ignacio S. MorenoAssistant Attorney GeneralEnvironment & Natural Resources DivisionU.S. Department of JusticeP.O. Box 4390Ben Franklin StationWashington, DC 20044-4390Lititia GrinshawChief, Environmental Defense SectionEnvironment & Natural Resources DivisionU.S. Department of JusticeP.O. Box 4390Ben Franklin StationWashington, DC 20044-4390

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John M. LipshultzEnvironmental Defense SectionEnvironment & Natural Resources DivisionU.S. Department of JusticeP.O. Box 23986Washington, D : ; i E 8 6 ~

THEODORE HADZI-ANTICH

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Truck Petition