CENTRAL ARIZONA WATER CONS. DIST. v. U.S. E.P.A.

No. 91-70731.

990 F.2d 1531 (1993)

CENTRAL ARIZONA WATER CONSERVATION DISTRICT, Central Arizona Irrigation and Drainage District, Maricopa-Stanfield Irrigation & Drainage District, New Magma Irrigation & Drainage District, and Harquahala Valley Irrigation District, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Salt River Project and Power District, Grand Canyon Trust, and the Wilderness Society, Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided March 25, 1993.


Attorney(s) appearing for the Case

Marvin S. Cohen, Sacks, Tierney & Kasen, Leslie A. McCarthy (on brief), Phoenix, AZ, for petitioners.

Scott A. Schachter, U.S. Dept. of Justice, Vicki L. Patton, U.S. E.P.A., Washington, DC, for respondent.

Patrick M. Raher, Hogan & Hartson, Washington, DC, for respondents-intervenors.

Beryl I. Dulsky, Asst. Atty. Gen., Phoenix, AZ, for amicus curiae.

Before: ALDISERT, GOODWIN, and FLETCHER, Circuit Judges.


GOODWIN, Circuit Judge:

Petitioners Central Arizona Water Conservation District ("CAWCD") and four irrigation districts1 (collectively "Petitioners" or the "Districts") challenge an Environmental Protection Agency ("EPA") Final Rule which requires a 90% reduction in sulfur dioxide (SO2) emissions at the Navajo Generating Station ("NGS") in order to improve winter average visibility in the Grand Canyon National Park...

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