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DELAWARE DEPT. OF NATURAL RES. & ENVT'L CONTROL v. E.P.A.

Nos. 13-1093, 13-1102, 13-1104.

785 F.3d 1 (2015)

DELAWARE DEPARTMENT OF NATURAL RESOURCES and ENVIRONMENTAL CONTROL, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Electric Power Supply Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 1, 2015.

Attorney(s) appearing for the Case

David W. DeBruin argued the cause for petitioners PSEG Power LLC, et al. With him on the briefs were Matthew E. Price , Elizabeth C. Bullock , Shanna M. Cleveland , and Caitlin S. Peale.

Valerie Satterfield Edge , Deputy Attorney General, Office of the Attorney General for the State of Delaware, argued the cause and filed the briefs for petitioner Delaware Department of Natural Resources and Environmental Control.

Ashley C. Parrish , Karen Schoen , David G. Tewksbury , and Stephanie S. Lim were on the brief for intervenor Electric Power Supply Association in support of petitioners.

Austin D. Saylor , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Robert G. Dreher , Acting Assistant Attorney General, U.S. Department of Justice, and Michael Horowitz , Attorney, U.S. Environmental Protection Agency.

William L. Wehrum Jr. argued the cause for intervenors-respondent. With him on the brief were Lisa G. Dowden , Melissa E. Birchard , Leslie Ritts , and David M. Friedland.   Aaron M. Flynn entered an appearance.

Before: GARLAND, Chief Judge, WILLIAMS and RANDOLPH, Senior Circuit Judges.

The State of Delaware, industry and environmental organizations, and an industry intervenor challenge a final rule of the Environmental Protection Agency governing the use of certain kinds of power generators. See National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion...

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