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The annual Lancaster Super Speedway points championship awards night highlights LSS action Saturday night.
During intermission, the points championship trophies and various awards for the 2016 season will be presented to drivers.
The night also features a full racing program.
Divisions running will be SECA Crate Late Model, Montgomery Towing Super Stock, Deal 1 Auto Sales SECA Crate Sportsman, Cauthen Motors Renegade, U.S. Bonding Vintage and M&M Garage Extreme 4.
West Florence High School defeated host North Central to win the 11th annual Carolina Challenge high school volleyball tournament at the NCHS Knights' gym on Saturday afternoon.
Following pool play, all 12 teams were ranked based on pool play earlier in the day.
North Central was No. 1 followed by Indian Land, Lugoff-Elgin, West Florence, Governor's School for Science and Math, Hartsville, Westminster Catawba of Rock Hill and Buford.
Those were the top eight schools for the gold division.
FORT MILL – Four Lancaster County high school football standouts representing three schools earned recognition for their week five play at the weekly meeting of the Tri-County Football Coaches Association meeting on Tuesday at the Towne Tavern in Fort Mill.
Two Lancaster High School football players – Fred Reid and Markees Watts – were saluted for the Class AAAAA and AAAA awards.
AJ's all-purpose player Dalton "Tex" Haven and Indian Land's Jeremy Montgomery were honored in the Class AAA, AA and A team awards.
Andrew Jackson is bidding for a happy homecoming, while Lancaster and Indian Land will be seeking road wins to launch region play.
Week six of the 2016 Lancaster County high school football season has three games on tap with AJ the lone host.
The Vols, 4-1, 2-0 in region play, will be at home to battle Cheraw.
Lancaster and Indian Land will have the road map as part of their scouting report with away games to open their respective region play.
The Johnson family has been a fixture at Lancaster Super Speedway for years, so victory lane to the Johnson family comes natural. It did again Saturday night.
The Deal 1 Auto Sales SECA Crate Sportsman main event front row had Justin Fite and Jackson Thomasson.
Lee McManus
For The Lancaster News
CHERAW – The Buford Yellow Jackets hit the road Friday night for a Region IV-AA clash with the fourth-ranked Cheraw Braves.
Buford tried to keep pace with the 5-1 Braves, but in the end Cheraw deflected the hard-charging Jackets and secured a 55-30 home win.
Cheraw quickly flexed their muscle and scored on their first four possessions. The Braves seemed in control with 8:58 left in the second quarter with a 28-0 lead.
The reeling Jackets were determined to get back in the game before the half.
David Kellin
For The Lancaster News
The Lancaster Bruins got back on track in a big way, clawing Lugoff-Elgin, 32-6 at Memorial Stadium on Friday night.
The 3-2 Bruins built a 12-0 halftime edge and broke open the game in the second half to roll to the 26-point win over the Class AAAA Demons in Lancaster's final non-region game.
"Coming off a pair of losses, I thought our guys came out and played with a purpose," LHS coach Bobby Collins said of the Bruins, who snapped a two-game skid. "I like the way we responded. We were productive on both sides of the ball.
The Lancaster High School swim team highlighted the annual LHS senior night with a 283-36 win over Ridge View on Tuesday at the Lancaster County pool.
The LHS girls won, 148-14 and the LHS boys posted a 135-22 victory.
The 7-1 Bruins, who have won seven straight, honored their seniors – captain Lauren Spencer, captain Matthew Rogers and Will Funderburk.
Each swimmer was honored with a special collage of action swim photos.
Spencer, Alaina Houghtaling, Samuel Page, Makenzy Mills and Jacques Caravaca each posted two wins.
Copyright © 2016
The Lancaster News is your source for local news, sports, events, and information in Lancaster County and Lancaster, South Carolina, and the surrounding area..


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Galloway OH Real Estate & Homes for Sale
54 Properties Found
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26 - 50 of 54 Properties Displayed
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Courtesy: AIM Realty Advisors Broker Phone: 614-598-2518 Nikolay Dresvyannikov 614-256-5310
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Beautifully remodeled 3 bedroom 1.5 bath home in Hilliard school district. Some of the upgrades include new kitchen with granite counter tops and a custom backsplash. Both bathrooms include new tile floors and the full bathroom comes with new tile sub surround. Home also offers new flooring throughout, freshly painted walls, new furnace & heatpump and much more
685 Academy Drive Galloway, OH 43119
Courtesy: ERA Real Solutions Realty Broker Phone: 614-871-1000 Michael Fleming 614-313-1386
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3 Bedroom, 1 full bath, 2 half baths, split level home, neutral decor, living room WBFP, very large eat in kitchen with appliances, updates include bathrooms, carpet, fresh paint, trim work, patio door, roof, H2O tank, furnace, garage door and opener, concrete patio, security camera. Lovely fenced yard, storage shed and 2 car garage.
Courtesy: Real Living Anders & Assocs., Ltd. Broker Phone: 614-879-6468 Michelle Anders 614-554-3619
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Lots of potential to have a nice country home. 3 bedrooms, hardwood floors, 2 car attached garage with attached storage room, good size living room and family room, furnace & a/c only 2 years old.
Courtesy: Wallace F. Ackley Company Broker Phone: 614-486-2493 Patrick Pavoni 614-989-8598
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Beautiful home with spacious rooms and high ceilings.
Courtesy: Coldwell Banker King Thompson Broker Phone: 614-889-0808 John Boch 614-526-5647
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This ranch, 2 bedroom/1.5 bath home in Galloway has a 2-car attached garage, wood back deck and is in Jefferson township. .51 Acres of Country Living!
Courtesy: Today Realty Broker Phone: 614-971-5508 Erik Smith 614-804-4256
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Beautiful ranch home on wooded lot near Big Darby Creek. Walk out lower level to private covered porch. Updated kitchen and bath. New roof and 200amp electric panal
1089 Cole Road Galloway, OH 43119
Courtesy: Keller Williams Consultants Realty Broker Phone: 614-932-2000 Tara Bebinger 614-226-7197
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Open Sun 11/20/16 2-4pm. Beautiful, quiet setting on a half acre lot for this all brick ranch home with low exterior maintenance. Covered front porch overlooks Thornapple Golf Course. Private backyard with mature trees, peach/apple/pear trees, raised garden beds, established strawberry garden and asparagus. 12'x16' storage shed. Composite deck and paver patio. Professional landscaping throughout. Home offers a nice floorplan with 3 good sized bedrooms. Great closet space and plenty of linen closets. Laminate flooring in the entry and dining room. Kitchen has a gas stove, bisque appliances, pantry and sink overlooking backyard. Most windows have been replaced. The full size basement is clean and perfect for a family room or rec room. Oversized 2 car garage.
Courtesy: The Realty Firm Broker Phone: 614-898-5397 Charlene Fairman 614-425-7676
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This is a great new home in Summerlyn Highlands.A one story home for convenient first floor living with 3 bedrooms, 2 full baths, 9 ft ceilings, recessed can lights throughout, upgraded finishes, hardwood flooring in the main living space, upgraded carpet & pad everywhere else.Beautiful eat in kitchen with stainless steel appliances, granite countertops & upgraded cabinets connecting to a large great room with a sunroom to the rear of the home.2 car garage with 4 ft extension for extra stg space.Community is located next door to the Prairie Township Community Center.Close to a variety of shopping, dining & entertainment options.Put this New Build home on your must see list.Home should be complete in November 2016.Interior Photos are from a model of this home & are not the actual property!!
Courtesy: Key Realty Broker Phone: 614-887-7450 Jason Myers 614-406-3038
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Come see this beautiful, well cared for, immaculate home on a cul-de-sac. Brand new roof, dishwasher and many updates. You will not be disappointed.
Courtesy: Cutler Real Estate Broker Phone: 614-339-4664 Victoria Rossi 614-738-1511
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Don't miss this 2 story, 3 bedroom 2.5 bath is Galloway Ridge. Laminate wood flooring in the first level. Stainless steel appliances in the kitchen. Gas fireplace in the living room to keep you warm all winter. There is a large deck on the rear for relaxing with family and friends. AC was replaced summer 2016. Seller is offering a $500 carpet/flooring allowance.
Courtesy: HER, Realtors Broker Phone: 614-771-7400 Nicole Yoder-Barnhart 614-273-6309
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Wow! 4 bdrm home w/spacious kitchen offering beautiful cabinetry and stainless steel appliances with dinette area overlooking bonus room w/door to back yard. Full bath has tile flooring and tiled bath/shower.Nice size backyard fenced w/firepit.Deck needs some TLC.A lot of home for the $. Better hurry!
Courtesy: iHome, Realtors Broker Phone: 614-451-4433 Jaysen Barlow 614-579-1442
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Seller offering $1,000 buyer credit for new appliances/closing costs! Impeccable ranch style home with an open floor plan: plenty of natural light, carpet professionally cleaned every year, maintained mechanicals/HVAC, roof NEW in 2016 - this home is ready for your touches. Very popular floor plan featuring a great room, kitchen bay window and private master bath & closet. Situated in a quiet neighborhood, this home is easy to see, schedule your appointment today!
Courtesy: RE/MAX Achievers Broker Phone: 614-848-9400 Cheryl Ison 614-406-5501
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Country living on over one half of an acre of land with some mature trees and pretty views! The large Master BR also has it's own private bath. The garage is oversized and has additional room for a large workshop/storage area or in home business opportunity. This one won't last! Newer roof, paint, flooring. Price has just been reduced!
5959 ARALIA Court Galloway, OH 43119
Courtesy: RE/MAX Town Center Broker Phone: 614-428-7444 Lorie Schnars 614-428-7444
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Very nicely maintained 4 level split with fenced back yard and patio for entertaining. Newer funace and air ,roof, windows, siding, and driveway. Freshly painted interior and new flooring. Woodburning fireplace. Nothing to do but move in here.
Courtesy: Bonnie Realty Services Broker Phone: 614-847-1111 Sara Bonnie 614-847-1111
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Picture perfect two-story home built in 1990 by original owners. Lovingly maintained and updated. New roof and siding, furnace and a/c recently replaced. Ceramic tile in foyer and throughout dinette and kitchen, open to family room. Gorgeous outdoor space with covered deck and brick patio. Kitchen has cute window box, appliances can stay. Located across the street from green space. Desirable area, schools nearby. Nothin to do here but move right in!
266 COLE Road Galloway, OH 43119
Courtesy: Howard Hanna RealCom Realty Broker Phone: 614-442-4450 Julie Morgan 614-774-7982
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BACK ON THE MARKET! Renovated ranch on 1 acre lot! Cathedral ceiling in living room with gas fireplace. Updated fully equipped eat-in kitchen with all black Whirlpool appliances, 2 skylights and Pella wood sliding door to the deck overlooking the large private lot! Master suite with 9' ceiling and extra large double closet, Updated bath w/ whirlpool tub, walk-in shower & skylight. You'll love the 2-car detached garage with finished second level with full bath! Perfect office or additional living quarters! Water, electric and heating included! Come see this private get-away!
Courtesy: Minister Realty, Inc. Broker Phone: 614-268-7900 Judy Minister 614-325-8815
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WOW! Squeaky clean-Freshly painted and new carpet in this gorgeous two story home. Great room floor plan, soaring ceilings, fireplace. Popular ''open concept'' floor plan great room open to large kitchen with dining space. All kitchen appliances are included with the purchase. Half Bath of hall leading to garage. Convenient first floor laundry as well. Large entry hall with ornate staircase leading upstairs to three spacious bedrooms and two full baths. Master Bedroom with ensuite bath and large closet. Patio doors off the kitchen, beautiful new paver patio in the fenced back yard. Truly ''move-in'' condition!
552 Denmoor Court Galloway, OH 43119
Courtesy: OwnerLand Realty, Inc. Broker Phone: 614-557-7100 Rupak Nath 614-439-6500
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!!!Open House 11/20/2016 from 1pm to 3pm!!! Price Drop. 2760 sqft house. Completely upgraded house. Pristine move in condition. Desirable neighborhood in city of Galloway with Columbus taxes and Hilliard School. Awesome layout with 2 story great room and two story foyer. Freshly painted and new light fixtures. Most of the houses are with hardwood floors and tile floor in the kitchen. 42 inch cabinet and granite counter-top. It has a dream backyard.
8640 Renaa Avenue Galloway, OH 43119
Courtesy: RE/MAX ONE Broker Phone: 614-729-7555 Jeannie Henkel 614-507-8022
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Solid 2 story that needs some rehabbing and is priced accordingly. The whole upstairs has new carpet and paint. Living room has hardwood floors that could be beautiful. Large eat in kitchen with island, lots of cabinets and all of the appliances. Formal dining room currently being used as an additional bedroom. Very nice backyard, partially fenced with a large deck & storage shed. BEING SOLD AS IS. SELLER WILL MAKE NO REPAIRS AS A CONDITION OF SALE. SIMILAR HOMES IN THE NEIGHBORHOOD ARE SELLING FOR $140K TO $150K. Perfect home for a 203K. Just needs someone to bring it back to life!
6247 Alkire Road Galloway, OH 43119
Courtesy: Signature Real Estate Broker Phone: 614-486-0101 John Willing 614-203-8647
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Back on market. Great location, close to everything. 5 minutes to Georgesville Sq., and I-270. Maintenance free exterior. Dimensional roof, siding, and well all approx. 10 yr old. Renovation now complete. New kitchen with tile floors, new cabinets, and solid surface countertops. New bath with tile floor, new tub/shower. All new carpet, full finished basement with laundry room. New furnace and A/C.
2020 ROBROY Lane Galloway, OH 43119
Courtesy: RE/MAX Right Now Broker Phone: 614-485-3100 Steven Beaver 614-774-5692
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Stunning all brick home! One of a kind home situated on over 6.5 acres with custom upgrades! This home boasts beautiful solid wood doors and trim throughout, and a gorgeous staircase in the open foyer. Enjoy the spacious kitchen with large breakfast bar / island. Plenty of room to entertain family and friends! Abundant cooking space with custom cabinets and granite counter-tops. The kitchen opens to generously sized dining and family rooms. Take notice of all the details: wood burning brick fireplace, bay windows, and a Master Bedroom balcony with a fabulous view of the serenity of nature! Insulated 40 x 64 outbuilding and 22 x 28 detached garage. Land Contract or Lease Option available.
Courtesy: RE/MAX City Center, Realtors Broker Phone: 614-291-7555 Jennifer Mitchell 614-291-7555
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Back on the market - due to Buyer's financing - 2 Story home in Lehnert Farms with a formal living room and bay window. Family room with vaulted ceiling that leads to the patio & fenced in backyard. Master bedroom has vaulted ceiling. Eat-in kitchen. Partial basement with glass block windows. Newer furnace, A/C, roof and hot water tank. Large backyard that backs up to the Camp Chase Trail Bike Path. Close to everything. Being sold AS-IS.
380 Larkspur Drive Galloway, OH 43119
Courtesy: Keller Williams Consultants Realty Broker Phone: 614-932-2000 Tara Bebinger 614-226-7197
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Rare opportunity to own this 4.6 acre, partially wooded retreat w/panoramic views of Little Darby Creek. Highest quality craftsmanship from the curve of the bridal staircase to custom cherry cabinetry. This is the developer of Hidden Creek at the Darby's own home w/a floor plan made for entertaining on a truly incredible lot. Two story great room w/exposed wood beams & stone fireplace open to dining & gourmet kitchen w/access to new deck & screened porch. Expansive first floor owner's suite w/fireplace & private balcony. First floor study w/custom cherry bookcases & private entrance to stone porch. Spacious sunny loft w/deck. Finished walk-out lower level w/in-law suite, full bath, media/rec room, exercise room & private patio. Enjoy the river from the stone patio & 40' overlook.
Courtesy: RE/MAX Leading Edge Liz Finchum
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This home is being sold as is. It has replacement windows, the HVAC is only 5 years old, all levels have been finished with a family room, with a wood burning fireplace and the lowest level is finished with a 3/4 bathroom, bedroom and an office. The swing set and trampoline can stay with the property.
Courtesy: RE/MAX Leading Edge Broker Phone: 740-852-3555 Elizabeth Finchum 614-949-1366
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This home is sold as is. It has replacement windows, a wood burning fireplace in the family room, the HVAC is only 5 years old. All levels in the home have been finished including the lowest level with 3/4 bathroom, bedroom and office. Swing set and trampoline can stay with the property.
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Nicholas Hammond portrayed Peter Parker/Spider-Man in The Amazing Spider-Man, Spider-Man Strikes Back and Spider-Man: The Dragon's Challenge.
Significant roles
- Harold in Eight Is Enough (1977)
- Commander Arthur Black in The Martian Chronicles (1980)
- Hotspur in Richard II (1982)
- Bill Johnson in Dallas (1982)
- Ferdinand in The Tempest (1983)
- Ed Benson in Embassy (1990-1992)
- Sir Ivor Creevey-Thorne in Mirror, Mirror (1995)
- U.S. President in On the Beach (2000)
- Adolphe Menjou in Child Star: The Shirley Temple Story (2001)
- Aaron Spelling in Dynasty: The Making of a Guilty Pleasure (2005)
- Dr. Nick Standish in MDA (2005)
- Agent Smith in The Jesters (2009-2011)
Please add some quotes from this perfomer about his work with Marvel movies!


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By: Editorial Team | 15 September 2016
The 34m/112ft luxury yacht CORNELIA from RMK Marine is reducing her weekly base rate by an impressive fifty percent on charters throughout October in East Mediterranean destinations such as Croatia and Greece.
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The 56m/184ft luxury yacht REGINA is offering a charter at the reduced weekly base rate of €75,000 between August 21 and 30 in Mediterranean hotspots such as Greece and Croatia.
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The award-winning 48m/158ft luxury yacht 'Polaris I' is available to charter for the remainder of the summer in Mediterranean hotspots such as Greece and Croatia.
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The 30m/98ft luxury yacht NOSTROMO has availability for the remainder of the summer months in beautiful East Mediterranean destinations such as Greece and Croatia.
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United States Court of Appeals, District of Columbia Circuit
April 24, 2015
DELTA CONSTRUCTION COMPANY, INC., ET AL., PETITIONERSv.ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT; CALIFORNIA CONSTRUCTION TRUCKING ASSOCIATION, INC., ET AL., PETITIONERSv.ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT
Argued: January 9, 2015.
Page 1292
On Petitions for Review of Final Agency Actions of the Environmental Protection Agency and the Department of Transportation. On Petition for Review of Final Agency Action of the United States Environmental Protection Agency.
Claude D. Convisser argued the cause for petitioner Plant Oil Powered Diesel Fuel Systems, Inc. With him on the final joint opening brief were Theodore Hadzi-Antich and M. Reed Hopper.
Claude D. Convisser was on the final reply brief for petitioner Plant Oil Powered Diesel Fuel Systems, Inc.
Theodore Hadzi-Antich argued the cause for petitioners Delta Construction Company, Inc., et al., in case nos. 11-1428 and 13-1076. With him on the briefs was M. Reed Hopper.
Michele L. Walter and Daniel R. Dertke, Attorneys, U.S. Department of Justice, argued the causes for respondent. With them on the brief were Sam Hirsch, Acting Assistant Attorney General, Stuart F. Delery, Assistant Attorney General, Mark B. Stern, and H. Thomas Bryon, III, Attorneys, Steven E. Silverman, Attorney, U.S. Environmental Protection Agency, O. Kevin Vincent, Chief Counsel, National Highway Traffic Safety Administration, and Timothy H. Goodman, Acting Assistant Chief Counsel. Eric G. Hostetler, Attorney, U.S. Department of Justice, entered an appearance.
Sean H. Donahue, Vickie Patton, Graham McCahan, Peter Zalzal, and Benjamin Longstreth were on the brief for movant respondent-intervenors Environmental Defense Fund, et al., in support of respondents.
Kamala D. Harris, Attorney General, Office of the Attorney General for the State of California, Robert W. Byrne, Senior Assistant Attorney General, Annadel A. Almendras, Supervising Deputy Attorney General, M. Elaine Meckenstock, Deputy Attorney General, Thomas J. Miller, Attorney General, Office of the Attorney General for the State of Iowa, David R. Sheridan, Assistant Attorney General, Lisa Madigan, Attorney General, Office of the Attorney General for the State of Illinois, Matthew J. Dunn and Gerald T. Karr, Assistant Attorneys General, Eric T. Schneiderman, Attorney General, Office of the Attorney General for the State of New York, Barbara D. Underwood, Solicitor General, Michael J. Myers, Assistant Attorney General, Ellen F. Rosenblum, Attorney General, Office of the Attorney General for the State of Oregon, Paul A. Garrahan, Acting Attorney-in-Charge, Douglas F. Gansler, Attorney General at the time the brief was filed, Office of the Attorney General for the State of Maryland, Roberta James, Assistant Attorney General, Martha Coakley, Attorney General at the time the brief was filed, Office of the Attorney General for the Commonwealth of Massachusetts, Carol Iancu, Assistant Attorney General, William H. Sorrell, Attorney General, Office of the Attorney General for the State of Vermont, Thea J. Schwartz, Assistant Attorney General, Robert W. Ferguson, Attorney General, Office of the Attorney General for the State of Washington, Leslie R. Seffern, Assistant Attorney General, and Michael A. Cardozo, Christopher Gene King, and Carrie Noteboom, were on the brief for movant-intervenor States of California, et al.
Before: TATEL, Circuit Judge, EDWARDS, Senior Circuit Judge, and GINSBURG, Senior Circuit Judge.
Page 1293
Acting pursuant to their respective statutory mandates, the Environmental Protection Agency (" EPA" ) and the National Highway Traffic Safety Administration (" NHTSA" ) issued coordinated rules governing the greenhouse gas emissions and fuel economy of cars and trucks. In Coalition for Responsible Regulation, Inc. v. EPA, 684 F.3d 102, 401 U.S.App.D.C. 306 (D.C. Cir. 2012), rev'd in part on other grounds sub nom. Utility Air Regulatory Group v. EPA,
Page 1294
134 S.Ct. 2427, 189 L.Ed.2d 372 (2014), we upheld EPA's car emission standards. Now, a group of petitioners collaterally attacks these standards on procedural grounds, and an overlapping group challenges EPA's truck standards based on the same legal theory. Another petitioner challenges both agencies' regulations concerning trucks as arbitrary and capricious. As we explain below, however, we cannot reach the merits of any of these petitions.
Section 202(a) of the Clean Air Act (" CAA" ) requires EPA to regulate air pollutants, including greenhouse gases, emitted " from any class or classes of new motor vehicles or new motor vehicle engines, which in [the EPA Administrator's] judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare." 42 U.S.C. § 7521(a)(1); Massachusetts v. EPA, 549 U.S. 497, 532, 127 S.Ct. 1438, 167 L.Ed.2d 248 (2007) (" [G]reenhouse gases fit well within the Clean Air Act's capacious definition of 'air pollutant.'" ). EPA triggered this obligation in 2009 when it found that greenhouse gases " endanger both the public health and the public welfare of current and future generations" and that " emissions of these greenhouse gases from new motor vehicles and new motor vehicle engines contribute to the greenhouse gas air pollution that endangers public health and welfare." See Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act, Final Rule, 74 Fed.Reg. 66,496 (Dec. 15, 2009) (" Endangerment Finding" ). But " [b]ecause no available technologies reduce tailpipe [greenhouse gas] emissions per gallon of fuel combusted, any rule that limits tailpipe [greenhouse gas] emissions is effectively identical to a rule that limits fuel consumption." 76 Fed.Reg. 57,124-25. EPA's mandate therefore intersects with NHTSA's responsibility to promulgate average fuel efficiency standards for automobile manufacturers. 49 U.S.C. § 32902; 49 C.F.R. § 1.95. Given this, the two agencies worked together to generate functionally equivalent standards for greenhouse gas emissions and fuel economy. See Press Release, The White House, President Obama Announces National Fuel Efficiency Policy (May 19, 2009) (announcing cooperation between EPA and NHTSA); Presidential Memorandum, Improving Energy Security, American Competitiveness and Job Creation, and Environmental Protection Through a Transformation of our Nation's Fleet of Cars and Trucks (May 21, 2010) (directing EPA and NHTSA to work together on truck standards).
The first binding product of this collaboration was a joint Final Rule the agencies issued in 2010 for light-duty vehicles--or, translated from agency speak to English, cars. See Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards, Final Rule, 75 Fed.Reg. 25,324 (May 7, 2010) (" Car Rule" ). While there are slight differences between the EPA greenhouse gas emission standards and the NHTSA fuel economy standards, see id. at 25,330 (explaining that only EPA's standard takes account of hydrofluorocarbon leakage from air-conditioning systems), " [t]hey represent a harmonized approach that will allow industry to build a single national fleet that will satisfy both" requirements, id.
Various state and industry groups challenged the Car Rule, along with the Endangerment Finding and related regulations. This court upheld the rules against all challenges, see Coalition for Responsible Regulation, 684 F.3d 102, 401 U.S.App.D.C. 306, and the Supreme
Page 1295
Court denied certiorari in the portion of the case challenging the Car Rule, see Utility Air Regulatory Group v. EPA, 134 S.Ct. 2427, 2438, 189 L.Ed.2d 372 (2014).
Meanwhile, in 2011, EPA and NHTSA issued another joint Final Rule, this one regulating the greenhouse gas emissions and fuel economy of heavy-duty vehicles, i.e., trucks. See Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles, Final Rule, 76 Fed.Reg. 57,106 (Sept. 15, 2011) (" Truck Rule" ). As with the Car Rule, the agencies' standards differ slightly, see id. at 57,106 (explaining that " [c]ertain rules are exclusive to the EPA program" and that the EPA program phases in earlier), but again, " [c]ompliance by a truck manufacturer with the NHTSA fuel economy rule assures compliance with the EPA rule, and vice versa," id. at 57,125.
This case combines multiple challenges to the Truck Rule, as well as a collateral attack on the Car Rule. Two overlapping groups, which we shall refer to as the " California Petitioners," comprising businesses, associations, and individuals located in that state, bring related challenges: one to EPA's portion of the Car Rule and the other to its portion of the Truck Rule. These petitioners claim that, as purchasers of new vehicles, they are harmed by the increased up-front costs attributable to the greenhouse gas emission standards.
Another petitioner, Plant Oil Powered Diesel (" POP Diesel" ), is a business that promotes the use of vegetable oil in place of traditional diesel fuel. It makes after-market modifications to diesel engines enabling them to run on vegetable oil, and hopes to bring a proprietary engine to market. POP Diesel also imports and sells jatropha oil, a vegetable fuel squeezed from the fruit of a poisonous tree. Claiming that the Truck Rule makes its products economically infeasible, POP Diesel sought reconsideration of both the EPA and NHTSA components of that rule. EPA denied POP Diesel's petition for reconsideration, while NHTSA treated the filing as a petition for rulemaking, which it rejected. POP Diesel now appeals from the agencies' denials of its petition.
In order to obtain judicial review of these claims, however, the petitioners must establish that we have jurisdiction over their petitions. To do that, they must demonstrate that they have standing under Article III of the Constitution, see Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992), and that their petitions meet all other jurisdictional requirements, see, e.g., 49 U.S.C. § 32909(b) (setting deadline for petitions for review). Even if petitioners can establish jurisdiction, we will not reach the merits of their claims unless they also seek to vindicate rights within " the zone of interests to be protected or regulated by the statute." Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S.Ct. 2199, 2210, 183 L.Ed.2d 211 (2012) (citation omitted).
This opinion proceeds in two parts. Part II considers the California Petitioners' Article III standing, while Part III examines whether this court has original jurisdiction over POP Diesel's claim against NHTSA, and whether its challenge to EPA's portion of the Truck Rule must be dismissed for lack of standing or because it does not fall within the zone of interests protected by the provision of the Clean Air Act governing emissions standards for motor vehicles.
The California Petitioners argue that " EPA neglected to comply with a nondiscretionary
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statutory duty," to provide its greenhouse gas emission standards to the Science Advisory Board--an expert body charged with providing scientific advice to EPA--prior to issuing them. Petitioners' Truck Rule Br. at 2; see also Petitioners' Car Rule Br. at 5 (same). Under the controlling statute, if EPA provides " any proposed criteria document, standard, limitation, or regulation under the Clean Air Act . . . to any other Federal agency for formal review and comment," it must " make available to the Board such proposed" document. 42 U.S.C. § 4365(c)(1). According to the California Petitioners, EPA triggered this provision by submitting its standards to the Office of Management and Budget pursuant to Executive Order 12866, but it failed to comply with the statutory requirement that it " make [the standard] available" to the Board.
According to EPA, however, the California Petitioners lack Article III standing because they have failed to show that " (1) [they] ha[ve] suffered (or [are] about to suffer) an injury-in-fact, that (2) was caused by the conduct of the respondent and (3) would be redressed by the relief sought from the court." Crete Carrier Corp. v. EPA, 363 F.3d 490, 492, 361 U.S.App.D.C. 54 (D.C. Cir. 2004) ( citing Lujan, 504 U.S. at 560-61 (1992)). Specifically, EPA argues, petitioners have failed to demonstrate an injury-in-fact because their allegations are too vague or otherwise deficient, and they have failed to demonstrate causation and redressability because even were we to grant their petitions, they would still face the same higher prices for vehicles.
We have no need to consider whether the California Petitioners have properly alleged an injury-in-fact because we agree with EPA that they have shown neither causation nor redressability. Recall that EPA and NHTSA collaborated on both the Car Rule and the Truck Rule, and that, for both rules, the two agencies' requirements are substantially identical. See supra at 6 (" compliance by a truck manufacturer with the NHTSA fuel economy rule assures compliance with the EPA rule, and vice versa" ); supra at 5 (the Car Rule " will allow industry to build a single national fleet that will satisfy both" requirements). Because the Science Advisory Board's statute applies only to EPA, however, the California Petitioners attack only EPA's portions of the two rules. But " both [agencies' standards], jointly, are the source of the benefits and costs of the National Program." Car Rule at 25,343. Therefore, even were we to vacate the EPA standards, the NHTSA standards would still increase the price of vehicles. Accordingly, the California Petitioners cannot demonstrate either that EPA's standards cause their purported injury or that a favorable decision by this court would redress it. See Massachusetts v. EPA, 549 U.S. at 543 (" As is often the case, the questions of causation and redressability overlap." ); Branton v. FCC, 993 F.2d 906, 910, 301 U.S.App.D.C. 244 (D.C. Cir. 1993) (" The two requirements tend to merge . . . in a case such as this where the requested relief consists solely of the reversal or discontinuation of the challenged action." ).
Our decision in Crete Carrier Corp. v. EPA is instructive. There, certain trucking companies claimed they had standing to challenge a new EPA pollution standard because it increased the price of the truck engines they purchased. The engine manufacturers, however, were also subject to consent decrees that independently caused the same price hike. " Because of the Consent Decrees," we concluded, " the Trucking Companies have not established the necessary causal connection between the . . . Standard and the increased costs they will incur." Crete Carrier Corp., 363 F.3d at 493.
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Likewise here. Because a separate action--NHTSA's standards--independently causes the same alleged harm as the challenged action, the California Petitioners are unable to establish the " necessary causal connection" between the EPA standards and their purported injury.
True, the preambles to both the Car Rule and the Truck Rule identify slight differences between the two agencies' requirements, see supra at 5, 6, and it is theoretically possible that the EPA-specific portions cause a distinct injury that could be redressed by this court. But the California Petitioners make no such argument. Indeed, they argue neither that EPA's requirements independently cause a price increase nor that if EPA alone rescinded its standards vehicle manufacturers would sell cheaper products, and it is petitioners who bear the burden of establishing standing. Lujan, 504 U.S. at 561 (" The party invoking federal jurisdiction bears the burden of establishing these elements." ).
What the California Petitioners do argue is that " the joint rule[s] create[] an indivisible 'National Program,'" meaning that " the fuel economy standards cannot be bifurcated from the greenhouse gas emission standards." Petitioners' Car Rule Reply Br. at 8; see also Petitioners' Truck Rule Reply Br. at 9 (same). But nothing in NHTSA's standards even suggests that they are dependent on EPA's standards--something government counsel confirmed at oral argument. See Truck Rule Oral Arg. Rec. at 36:20.
Finally, at oral argument California Petitioners' counsel cited Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 97 S.Ct. 555, 50 L.Ed.2d 450 (1977), and Larson v. Valente, 456 U.S. 228, 102 S.Ct. 1673, 72 L.Ed.2d 33 (1982), for the idea that an injury is redressable for standing purposes so long as a favorable decision would remove one of its multiple regulatory causes, even if the decision would fail to actually redress the injury. But far from expressing such an exotic quirk of redressability doctrine, these cases stand for the more pedestrian proposition that " a plaintiff satisfies the redressability requirement when he shows that a favorable decision will relieve a discrete injury to himself" and " need not show that a favorable decision will relieve his every injury." Larson, 456 U.S. at 243 n.15. In both cases the plaintiffs challenged regulatory burdens that caused distinct harms. See Village of Arlington Heights, 429 U.S. at 261 (allegation of discriminatory zoning redressable even though non-profit developer " would still have to secure financing, qualify for federal subsidies, and carry through with construction" (footnote omitted)); Larson, 456 U.S. at 243 (" [A] declaration that [the statute's] fifty per cent rule is unconstitutional would put the State to the task of demonstrating that the [plaintiff] is not a religious organization within the meaning of the Act--and such a task is surely more burdensome than that of demonstrating that the [plaintiff's] proportion of nonmember contributions exceeds fifty per cent. Thus appellees will be given substantial and meaningful relief by a favorable decision of this Court." ). By contrast, the California Petitioners have failed to identify a discrete injury that a favorable decision by this court would remedy. They therefore lack standing because " [t]he Art[icle] III judicial power exists only to redress or otherwise to protect against injury to the complaining party." Warth v. Seldin, 422 U.S. 490, 499, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975).
POP Diesel argues that the Truck Rule is arbitrary and capricious for three reasons.
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First, it complains that the Truck Rule measures the greenhouse gas emissions of fuels based on how much carbon dioxide is produced from vehicle tailpipes, ignoring greenhouse gas impacts created earlier in a fuel's lifecycle. Petitioners' Truck Rule Br. 42-46; see also id. at 10-15. Second, it argues that it was unreasonable for EPA to conclude that the Truck Rule did not need additional incentives for biofuels because they are sufficiently promoted through the Renewable Fuel Standards Program, 42 U.S.C. § 7545(o). Id. at 47-48. Finally, POP Diesel argues that EPA failed to consider whether the Truck Rule's fuel efficiency improvements will lead to greater economic activity that causes a net increase in greenhouse gas emissions. Id. at 49-53. We consider, in turn, POP Diesel's challenges to the rules issued by NHTSA and EPA. With respect to each challenge, we conclude that the petitions for review must be dismissed.
This court lacks original jurisdiction over POP Diesel's claim against NHTSA. " Unless a statute provides otherwise, persons seeking review of agency action go first to district court rather than to a court of appeals." International Brotherhood of Teamsters v. Pena, 17 F.3d 1478, 1481, 305 U.S.App.D.C. 125 (D.C. Cir. 1994). Petitions for review of agency action may not be pursued in the court of appeals in the first instance unless a direct-review statute specifically gives the court of appeals subject-matter jurisdiction to directly review agency action.
POP Diesel argues that this court has original jurisdiction under 49 U.S.C. § 32909(a)(1), which permits any " person that may be adversely affected by a regulation prescribed in carrying out any of sections 32901-32904 or 32908 of this title" --i.e., NHTSA's fuel economy responsibilities--to " apply for review of the regulation by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit." Under NHTSA's regulations, however, a petition for reconsideration of a rule must be received within 45 days of the publication of the rule in the Federal Register. 49 C.F.R. § 553.35(a). Petitions received after that deadline are considered to be petitions for rulemaking under 49 C.F.R. § 552. Id. POP Diesel submitted its petition 59 days after the publication of the Truck Rule, so NHTSA treated it as a petition for a new rulemaking and denied it. 49 U.S.C. § 32909(a)(1) does not permit direct review of a petition for rulemaking in the courts of appeals.
The rationale supporting this court's decision in Public Citizen, Inc. v. National Highway Traffic Safety Administration, 489 F.3d 1279, 376 U.S.App.D.C. 443 (D.C. Cir. 2007), is controlling here. In Public Citizen, we examined the scope of 49 U.S.C. § 30161, which relates to NHTSA safety standards, and held that the statute did not authorize the court of appeals to entertain in the first instance challenges regarding petitions for rulemaking. Id. at 1287. Section 30161(a) authorizes direct appellate review of petitions filed by persons " adversely affected by an order prescribing a motor vehicle safety standard." The Public Citizen court observed that " to 'prescribe' is to order or adopt something as a governing rule." 489 F.3d at 1287 (citing 12 OXFORD ENGLISH DICTIONARY 390 (2d ed. 1989)). Setting a standard, the court explained, is " prescribing." Id. Declining to amend a standard, however, is not " prescribing." Id.
49 U.S.C. § 32909 is significantly the same as 49 U.S.C. § 30161 with respect to what petitions for review may be heard by
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the court of appeals in the first instance. Section 32909 says:
(a) Filing and venue.--(1) A person that may be adversely affected by a regulation prescribed in carrying out any of sections 32901-32904 or 32908 of this title may apply for review of the regulation by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business.
(2) A person adversely affected by a regulation prescribed under section 32912(c)(1) of this title may apply for review of the regulation by filing a petition for review in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business.
This provision and the statutory provisions to which it refers relate only to generally applicable rules, standards, and procedures " prescribed" by the Secretary. See, e.g., id. § 32901(c)(1) (" The Secretary shall prescribe by regulation the minimum driving range . . . ." ); id § 32902(a) (" [T]he Secretary of Transportation shall prescribe by regulation average fuel economy standards . . . ." ); id. § 32904(b)(3)(C) (" The Secretary of Transportation shall prescribe reasonable procedures for elections . . . ." ). These provisions confirm what a straightforward reading of Section 32909 suggests: that NHTSA's denial of a petition for rulemaking is not the same as prescribing a regulation under the provisions enumerated in the direct review statute.
Because " the plain terms of the statute dictate that judicial review of NHTSA's denial of a petition for rulemaking must begin in district courts--not in courts of appeals," we must dismiss this portion of POP Diesel's suit. Public Citizen, 489 F.3d at 1287.
This court has original jurisdiction over POP Diesel's challenge to EPA's portion of the Truck Rule under 42 U.S.C. § 7607(b)(1). However, EPA raises two other threshold objections to POP Diesel's petition for review. The agency first argues that POP Diesel lacks Article III standing because the company " fails to establish that it would sell more of its diesel engine conversion product or its fuel if the standards were amended." Respondents' Truck Rule Br. 26. We disagree.
The law of the circuit is clear that " any one competing for a governmental benefit . . . [may] assert competitor standing when the Government takes a step that benefits his rival and therefore injures him economically." Sherley v. Sebelius, 610 F.3d 69, 72, 391 U.S.App.D.C. 258 (D.C. Cir. 2010). As an importer and seller of jatropha oil fuel, POP Diesel is injured by EPA regulations that incentivize other renewable fuels like electricity sold by its competitors.
We confronted a similar situation in White Stallion Energy Center, LLC v. EPA, 748 F.3d 1222, 1256, 409 U.S.App.D.C. 248 (D.C. Cir. 2014), cert. granted on other grounds sub nom. Michigan v. EPA, 135 S.Ct. 702, 190 L.Ed.2d 434 (2014). In that case, Julander, a natural gas supplier, challenged emissions standards promulgated under 42 U.S.C. § 7412 on the grounds that EPA should have required electric utilities to switch from coal to natural gas. Id. We held that the injury, causation, and redressability of Julander's standing were " self-evident, insofar as the Final Rule does not require [utilities] to switch to natural gas, to the detriment of Julander's stated interests, and on remand EPA could require fuel switching." Id. (citation omitted). The same logic applies here: the
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Truck Rule incentivizes other renewable fuels to the detriment of POP Diesel's interests. If POP Diesel were to prevail on the merits, EPA could give redress by amending the regulation to incentivize vegetable oil fuel instead. In sum, POP Diesel has Article III standing.
EPA's second contention is that POP Diesel does not fall within the zone of interests protected by 42 U.S.C. § 7521, the provision of the Clean Air Act governing emissions standards for motor vehicles. Respondents' Truck Rule Br. 27-28. Here we agree, and this argument is fatal to POP Diesel's claim.
The purpose of the zone of interests inquiry is to determine whether POP Diesel " falls within the class of plaintiffs whom Congress has authorized to sue" under Section 7521. Lexmark International, Inc. v. Static Control Components, Inc., 134 S.Ct. 1377, 1387, 188 L.Ed.2d 392 (2014). " In other words, we ask whether [POP Diesel] has a cause of action under the statute." Id. In suits under the Administrative Procedure Act, the zone of interests test is " not 'especially demanding.'" Id. at 1389 (quoting Match-E-Be-Nash-She-Wish, 132 S.Ct. at 2210). However, " the breadth of the zone of interests varies according to the provisions of law at issue." Bennett v. Spear, 520 U.S. 154, 163, 117 S.Ct. 1154, 137 L.Ed.2d 281 (1997). " [W]hat comes within the zone of interests of a statute for purposes of obtaining judicial review of administrative action under the 'generous review provisions' of the APA may not do so for other purposes." Id. (quoting Clarke v. Securities Industry Ass'n, 479 U.S. 388, 400 n.16, 107 S.Ct. 750, 93 L.Ed.2d 757 (1987)).
In the context of emission standards, " an industry group's interest in increasing the regulatory burden on others falls outside the zone of interests protected by the Clean Air Act." Association of Battery Recyclers v. EPA, 716 F.3d 667, 674, 405 U.S.App.D.C. 100 (D.C. Cir. 2013) (internal quotation marks omitted). This holds true even where corporations' " pecuniary interests in increasing demand for their products [are] aligned with the goals of the CAA." White Stallion, 748 F.3d at 1257. As we have explained,
Whenever Congress pursues some goal, it is inevitable that firms capable of advancing that goal may benefit. . . . But in the absence of either some explicit evidence of an intent to benefit such firms, or some reason to believe that such firms would be unusually suitable champions of Congress's ultimate goals, no one would suppose them to [be within the zone of interests] to attack regulatory laxity.
Id. (quoting Hazardous Waste Treatment Council v. EPA, 861 F.2d 277, 283, 274 U.S.App.D.C. 44 (D.C. Cir. 1988)). " [J]udicial intervention may defeat statutory goals if it proceeds at the behest of interests that coincide only accidentally with those goals, and . . . open-ended emissions standards are particularly susceptible to such manipulation." Id. at 1257-58 (citation and internal quotation marks omitted).
As mentioned above, the facts of this case are particularly close to those of White Stallion, and the outcome of that case is controlling here. The White Stallion court held that Julander was outside the zone of interests protected by the statute because it sought to profit from increasing the regulatory burden on other parties. Just like Julander, POP Diesel is a purveyor of clean fuel challenging EPA's decision not to incentivize regulated entities to purchase its product. And as with Julander, the mere fact that POP Diesel's financial interests currently appear to align with the goals of the CAA is not sufficient to allow it to challenge EPA's emissions standards.
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POP Diesel attempts to distinguish White Stallion by arguing that it (unlike Julander) is an " unusually suitable champion" of the statute's purpose because of the " special suitability of its products for . . . reducing overall fossil fuel consumption and greenhouse gas emissions." POP Diesel's Reply Br. 13. However, we have repeatedly held that " green" corporate interests do not necessarily fall within the zone of interests of environmental statutes. In the context of the Resource Conservation and Recovery Act, this court refused to entertain a petition from the Environmental Technology Council (an association of hazardous waste treatment and disposal firms), challenging lax regulation of used and contaminated oil. Hazardous Waste, 861 F.2d at 282-85. We did so despite the fact that the Council's articles of incorporation declared that one of its purposes is " [t]o promote the protection of the environment." Id. at 281. The Council has also sued in this court under the CAA. Cement Kiln Recycling Coalition v. EPA, 255 F.3d 855, 870-71, 347 U.S.App.D.C. 127 (D.C. Cir. 2001). Representing firms with the " best performing" pollution control systems, the Council challenged EPA's creation of weaker alternate emissions standards that advantaged their competitors. Id. at 870. The court again held that the Council fell outside the zone of interests of the statute. Id. at 871.
Ethyl Corp. v. EPA, 306 F.3d 1144, 353 U.S.App.D.C. 318 (D.C. Cir. 2002), is the rare case in which we have permitted a competitor suit challenging EPA's emission regulations. However, it is the proverbial exception that proves the rule. Ethyl sought to require transparency in EPA's emissions test procedures. The company's interest was in information that would " help it develop and improve its products with an eye to conformity to emissions needs" and " secur[e] EPA approval for its own fuel additive products." Id. at 1147-48. Because Ethyl sought to improve its ability to comply with EPA fuel regulations, rather than to acquire business by increasing the burden of emissions regulations on other firms, its interests were " congruent with those of the statute." Id. at 1148; see also White Stallion, 748 F.3d at 1258. Merely seeking to boost sales of a particularly green product, however, is not sufficient. POP Diesel is therefore not a proper petitioner and its claim must be dismissed.
For the reasons set forth above, the petitions for review are dismissed.
So ordered.
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