NATIONAL PARKS CONSERVATION ASS'N v. U.S. E.P.A.

No. 14-3147.

803 F.3d 151 (2015)

NATIONAL PARKS CONSERVATION ASSOCIATION; Sierra Club; Clean Air Council, Petitioners v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. *Pennsylvania Department of Environmental Protection; Homer City Generation LP, Intervenors. *(Pursuant to Clerk Order dated 08/21/14).

United States Court of Appeals, Third Circuit.

Opinion Filed: September 29, 2015.


Attorney(s) appearing for the Case

David S. Baron, Esq. , Earthjustice Legal Defense Fund, Washington, DC, Charles McPhedran, Esq. , [Argued], Earthjustice, Philadelphia, PA, Counsel for Petitioners.

Kate R. Bowers, Esq. , [Argued], United States Department of Justice Environment and Natural Resources Division, Washington, DC, Regina McCarthy, Esq. , Environmental Protection Agency, Ariel Rios Building, Washington, DC, Counsel for Respondent.

Robert A. Reiley, Esq. [Argued], Kristen M. Furlan, Esq. , Pennsylvania Department of Environmental Resources, Office of Chief Counsel, Harrisburg, PA, Counsel for Intervenor Pennsylvania Department of Environmental Protection.

Chet M. Thompson, Esq. [Argued], Kirsten L. Nathanson, Esq. , Crowell & Moring, Washington, DC, Counsel for Intervenor Homer City Generation LP.

Before: AMBRO, VANASKIE, and SHWARTZ, Circuit Judges.


OPINION OF THE COURT

Section 169A of the Clean Air Act, 42 U.S.C. § 7491, and implementing regulations promulgated by the United States Environmental Protection Agency ("EPA") require states to evaluate the impact that emissions from certain sources of pollution within their borders have on atmospheric visibility...

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