Ghulam Ali, Appellant v. E. Scott Pruitt, Administrator, United States Environmental Protection Agency, Appellee (2017)

ORDER

Upon consideration of the motion for summary affirmance and the opposition thereto, and the motion to strike the opposition to the motion for summary affirmance, the opposition thereto, and the reply, it is

ORDERED that the motion to strike the opposition to the motion for summary affirmance be denied. It is

FURTHER ORDERED that the motion for summary affirmance be denied. The merits of the parties' positions are not so clear as to warrant summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam). It is

FURTHER ORDERED, on the court's own motion, that

Anthony Shelley

Miller & Chevalier

900 16th Street NW

Washington, DC 20006

a member of the bar of this court, be appointed as amicus curiae to present arguments in favor of appellant's position.

While not otherwise limited, the parties are directed to address in their briefs whether the court has jurisdiction over this appeal in light of appellant's filing of his notice of appeal on June 8, 2016. See, e.g., Fed. R. App. P. 4(a)(1)(B); St. Marks Place Housing Co. v. United States Department of Housing & Urban Development, 610 F.3d 75 (D.C. Cir. 2010); Center for Nuclear Responsibility, Inc. v. United States Nuclear Regulatory Commission, 781 F.2d 935 (D.C. Cir. 1986).

Because the court has determined that summary disposition is not in order, the Clerk is instructed to calendar this case for presentation to a merits panel.

FOR THE COURT:

Mark J. Langer, Clerk

BY:

Robert J. Cavello Deputy Clerk

Per Curiam