Truck Petition

RECEIVED
Mail Room
NOV - 41111
Untted. States Court pf
Dlstl'lct of Columbia CircUit
UNITED STATES COURT OF APPE
DISTRICT OF COLUMBIA CIRC IT
AlfO
DELTA CONSTRUCTION
COMPANY, INC., DALTON
TRUCKING, INC., SOUTHERN
CALIFORNIA CONTRACTORS
ASSOCIATION, CALIFORNIA DUMP
TRUCK OWNERS ASSOCIATION,
Petitioners,
ORIGINAL
NOV 0 11
CLERK
v. Case No.
11-1428
------------------
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
PETITION FOR REVIEW
Pursuant to section 307(b)(1) of the Clean Air Act, 42 U.S.C. § 7607(b)(1),
Rule 15(a) of the Federal Rules of Appellate Procedure, and Rule 15(a) of the rules
of this Court, Delta Construction Company, Inc., Dalton Trucking, Inc., Southern
California Contractors Association, Inc., and California Dump Truck Owners
Association hereby respectfully petition this Court for review of the nationally
applicable final action of Respondent United States Environmental Protection Agency
-1-
USCA Case #11-1428 Document #1340401 Filed: 11/04/2011 Page 1 of 9
published at 76 Fed Reg. 57106 (Sep. 15, 2011), entitled, "Greenhouse Gas
Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty
Engines and Vehicles," (CD enclosed), and the accompanying administrative record.
DATED: November 3,2011.
Respectfully submitted,
THEODORE HADZI-ANTICH, No. 53056
Pacific Legal Foundation
930 G Street
Sacramento, California 95814
Telephone: (916) 419-7111
Facsimile: (916) 419-7747
Attorney for Petitioners
-2-
USCA Case #11-1428 Document #1340401 Filed: 11/04/2011 Page 2 of 9
CERTIFICATE OF SERVICE
I hereby certify that the foregoing petition was filed with the Clerk this 3rd day
of November, 2011, via Federal Express. I further certify that two copies of the
foregoing petition were served this day via first-class mail, postage prepaid, to:
Eric H. Holder, Jr.
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue N.W.
Washington, DC 20530-0001
Ignacio S. Moreno
Assistant Attorney General
Environment & Natural Resources Division
U.S. Department of Justice
P.O. Box 4390
Ben Franklin Station
Washington, DC 20044-4390
Lititia Grinshaw
Chief, Environmental Defense Section
Environment & Natural Resources Division
U.S. Department of Justice
P.O. Box 4390
Ben Franklin Station
Washington, DC 20044-4390
-1-
USCA Case #11-1428 Document #1340401 Filed: 11/04/2011 Page 3 of 9
John M. Lipshultz
Environmental Defense Section
Environment & Natural Resources Division
U.S. Department of Justice
P.O. Box 23986
Washington, DC ; t : ~ ~
THEODORE HADZI-ANTICH
-2-
USCA Case #11-1428 Document #1340401 Filed: 11/04/2011 Page 4 of 9
RECEIVED
Mail Room
ORIGINAL
NOV - 420ft
UNITED STATES COURT OF
DISTRICT OF COLUMBIA CIRC I OR DISTRICT OF COLUMBIA CIRCUIT-
United States Court or Appeals
District ofColumbin Circuit
DELTA CONSTRUCTION
COMPANY, INC., DALTON
TRUCKING, INC., SOUTHERN
CALIFORNIA CONTRACTORS
ASSOCIATION, CALIFORNIA DUMP
TRUCK OWNERS ASSOCIATION,
Petitioners,
v.
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
Case No.
AlfO
NOV -¥/.J2 011
CLERK
11-1428
------------------
RULE 26.1 CORPORATE DISCLOSURE STATEMENT
Pursuant 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
-1-
USCA Case #11-1428 Document #1340401 Filed: 11/04/2011 Page 5 of 9
Company, Inc., has no parent companies. No publicly held corporation has 10% or
greater ownership in Delta Construction Company, Inc.
2. Dalton Trucking, Inc., is a California corporation engaged in the
business of operating and leasing loaders, dozers, blades, and water trucks and
performs specialized services in open top bulk transportation, lowbed, general freight
on 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 greater
ownership in Dalton Trucking, Inc.
3. Southern California Contractors Association, Inc. ("SCCA") is a non-
profit California corporation representing the interests of construction contractors
operating in Southern California. SCCA has no parent companies. No publicly held
corporation has 10% or greater ownership in SCCA.
4. California Dump Truck Owners Association ("CDTOA") is a nonprofit
California trade association representing the interests of over 1 ,000 members
involved in a variety of business throughout California whose members own and
operate on-road and non-road vehicles, engines, and equipment. CDTOA has no
-2-
USCA Case #11-1428 Document #1340401 Filed: 11/04/2011 Page 6 of 9
parent companies. No publicly traded corporation has 10% or greater ownership in
CDTOA.
DATED: November 3, 2010.
Respectfully submitted,
/J,diZ Y£t
THEODORE HADZI-ANTICH, No. 53056
Pacific Legal Foundation
930 G Street
Sacramento, California 95814
Telephone: (916) 419-7111
Facsimile: (916) 419-7747
Attorney for Petitioners
-3-
USCA Case #11-1428 Document #1340401 Filed: 11/04/2011 Page 7 of 9
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Rule 26.1 Corporate Disclosure Statement
was filed with the Clerk this 3rd day of November, 2011, via Federal Express. I
further certify that two copies of the foregoing statement were served this day via
first-class mail, postage prepaid, to:
Eric H. Holder, Jr.
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue N.W.
Washington, DC 20530-0001
Ignacio S. Moreno
Assistant Attorney General
Environment & Natural Resources Division
U.S. Department of Justice
P.O. Box 4390
Ben Franklin Station
Washington, DC 20044-4390
Lititia Grinshaw
Chief, Environmental Defense Section
Environment & Natural Resources Division
U.S. Department of Justice
P.O. Box 4390
Ben Franklin Station
Washington, DC 20044-4390
-1-
USCA Case #11-1428 Document #1340401 Filed: 11/04/2011 Page 8 of 9
John M. Lipshultz
Environmental Defense Section
Environment & Natural Resources Division
U.S. Department of Justice
P.O. Box 23986
Washington,
THEODORE HADZI-ANTICH
-2-
USCA Case #11-1428 Document #1340401 Filed: 11/04/2011 Page 9 of 9