IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ United States Court of Appeals Fifth Circuit FILED No. 17-10235 July 10, 2019 _____________________ Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellant SIERRA CLUB, Intervenor Plaintiff - Appellant v. LUMINANT GENERATION COMPANY, L.L.C.; BIG BROWN POWER COMPANY, L.L.C., Defendants - Appellees __________________________ Appeal from the United States District Court for the Northern District of Texas __________________________ ON PETITION FOR REHEARING EN BANC (Opinion October 1, 2018, 5 Cir., 2018, 905 F.3d 874) Before STEWART, Chief Judge, JONES, SMITH, DENNIS, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, COSTA, WILLETT, DUNCAN, ENGELHARDT, and OLDHAM, Circuit Judges. 1

1 Judge Ho is recused and did not participate in this decision.

No. 17-10235 BY THE COURT: A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.