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WILDEARTH GUARDIANS v. U.S. E.P.A.

No. 13-9524.

759 F.3d 1196 (2014)

WILDEARTH GUARDIANS, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Gina McCarthy, in her official capacity as Administrator of the U.S. Environmental Protection Agency, Respondents. Arizona Public Service Company, Intervenor-Respondent.

United States Court of Appeals, Tenth Circuit.

July 23, 2014.

Attorney(s) appearing for the Case

Ashley D. Wilmes , WildEarth Guardians, Louisville, CO, for Petitioner.

Martha C. Mann , Environmental Defense Section, ( Robert G. Dreher , Acting Assistant Attorney General, and Kristen Byrnes Floom , Environmental Defense Section, with her on the brief), United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for Respondents.

Makram B. Jaber , ( William L. Wehrum , Andrew J. Turner , Andrew D. Knudsen , with him on the brief), Hunton & Williams LLP, Washington, DC, for Intervenor-Respondent.

Before LUCERO, HARTZ, and GORSUCH, Circuit Judges.

HARTZ, Circuit Judge.

On August 24, 2012, the Environmental Protection Agency (EPA) promulgated a final Federal Implementation Plan (FIP) to reduce regional haze by regulating emissions of nitrogen oxides (NOx) and particulate matter (PM) at the five units of the Four Corners Power Plant (the Plant) on the Navajo Reservation in northwestern New Mexico.1 WildEarth Guardians (WildEarth) filed a petition under 42 U...

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