SUMMIT PETROLEUM CORP. v. U.S. E.P.A.

Nos. 09-4348, 10-4572.

690 F.3d 733 (2012)

SUMMIT PETROLEUM CORPORATION, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Lisa Jackson, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 7, 2012.


Attorney(s) appearing for the Case

ARGUED: S. Lee Johnson , Honigman, Miller, Schwartz and Cohn LLP, Detroit, Michigan, for Petitioner. Kim Smaczniak , United States Department of Justice, Washington, D.C., for Respondents. ON BRIEF: S. Lee Johnson , Honigman, Miller, Schwartz and Cohn LLP, Detroit, Michigan, Gina A. Bozzer , Zimmerman, Kuhn, Darling, Boyd, Quandt and Phelps, PLC, Traverse City, Michigan, for Petitioner. Kim Smaczniak , United States Department of Justice, Washington, D.C., for Respondents. Donald K. Shandy , Ryan Whaley Coldron Shandy PLLC, Oklahoma City, Oklahoma, James R. Wedeking , Sidley Austin LLP, Washington, D.C., for Amici Curiae.

SUHRHEINRICH, J., delivered the opinion of the court, in which CLAY, J., joined. MOORE, J. (pp. 751-57), delivered a separate dissenting opinion.


OPINION

SUHRHEINRICH, Circuit Judge.

This case arises from a final action of the Environmental Protection Agency (EPA) determining that a natural gas sweetening plant and various sour gas production wells commonly owned by Petitioner Summit Petroleum Corporation (Summit) and separately located within an area of approximately forty-three square miles constitute a single stationary source under the EPA's Clean Air Act Title V permitting program. Specifically...

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