NATIONAL PARKS CONSERVATION ASSOCIATION; Montana Environmental Information Center; Sierra Club, Petitioners,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY and Lisa P. Jackson, Administrator, United States Environmental Protection Agency, Respondents,
PPL Montana, LLC, Respondent-Intervenor.
PPL Montana LLC, Petitioner,
National Parks Conservation Association, Montana Environmental Information Center, and Sierra Club, Intervenors,
v.
U.S. Environmental Protection Agency and Lisa P. Jackson, Respondents.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted May 16, 2014.
Filed June 9, 2015.
Attorney(s) appearing for the Case
Lisa S. Blatt , Arnold & Porter LLP, Washington, DC, argued the cause and filed the briefs for petitioner PPL Montana. With her on the briefs were Jonathan S. Martel and Christopher A. Jaros , Arnold & Porter, LLP, Washington, DC.
Jenny K. Harbine , Earthjustice, Bozeman, MT, argued the cause and filed the briefs for NPCA. Wither her on the briefs was Janette K. Brimmer , Earthjustice, Seattle, WA.
Daniel Pinkston , Environmental Defense Section, Environment and Natural Resources Division, United States Department of Justice, Denver, CO, argued the cause and filed the brief for respondents. With him on the brief were Ignacia S. Moreno , Assistant Attorney General, Environment and Natural Resources Division, United States Department of Justice, Washington, DC, and Elizabeth B. Dawson , Environmental Defense Section, Environment and Natural Resources Division, United States Department of Justice, Washington, DC.
Michael G. Jenkins , Assistant General Counsel, PacifiCorp Energy, Salt Lake City, UT and E. Blaine Rawson , Ray Quinney & Nebeker, P.C., Salt Lake City, UT, filed the brief for Amicus Curiae PacifiCorp.
Concurrence by Judge BERZON.
OPINION
O'SCANNLAIN, Circuit Judge:
We must decide whether the Environmental Protection Agency's regional haze regulations for the State of Montana lawfully prescribe emission limits at certain power plants.
I
Petitioner PPL Montana operates and partially owns coal-fired and hydroelectric power plants in Montana, including...
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