PORT HAMILTON REFINING AND TRANSPORTATION LLLP v. ENVIRONMENTAL PROTECTION AGENCY (2023)

SUR PETITION FOR PANEL REHEARING

The petition for rehearing filed by Respondent in the above-entitled case having been submitted to the judges who participated in the decision of this Court, it is hereby ORDERED that the petition for panel rehearing is granted as set forth in the amended precedential opinion filed simultaneously with this order. Because the amendments to the opinion do not alter the Court's decision in this case, the judgment will remain as filed.

D. Brooks Smith, Circuit Judge