State of ARIZONA, ex rel. Henry R. DARWIN, Director, Arizona Department of Environmental Quality, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY; Lisa P. Jackson, Administrator, United States Environmental Protection Agency, Respondents,
National Parks Conservation Association; Sierra Club, Respondent-Intervenor.
Salt River Project Agricultural Improvement and Power District, Petitioner,
v.
U.S. Environmental Protection Agency, Respondent,
National Parks Conservation Association; Sierra Club, Respondent-Intervenors.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Norman W. Fichthorn (argued) and Aaron M. Flynn , Hunton & Williams LLP, Washington, D.C., for Petitioners Arizona Public Service Company and Salt River Project Agricultural Improvement and Power District.
Angeline Purdy (argued), United States Department of Justice; Robert G. Dreher , Acting Assistant Attorney General, Washington, D.C., for Respondent United States Environmental Protection Agency.
Michael A. Hiatt (argued), Earthjustice, Denver, Colorado; Suma Peesapati , Earthjustice, San Francisco, California, for Respondent-Intervenors National Parks Conservation Association and Sierra Club.
Michelle L. Wood , Phoenix, Arizona, for Amicus Curiae Arizona Residential Utility Consumer Office.
Gordon A. Coffee , John M. Holloway III , and Stephanie B. Sebor , Winston & Strawn LLP, Washington, D.C.; Rae Cronmiller, Environmental Counsel, National Rural Electric Cooperative Association, Arlington, Virginia, for Amicus Curiae National Rural Electric Cooperative Association.
Before: MARSHA S. BERZON, JAY S. BYBEE, and JOHN B. OWENS, Circuit Judges.
OPINION
BERZON, Circuit Judge:
Congress initially enacted the Clean Air Act ("the Act" or "CAA") in 1963 to "protect and enhance the quality of the Nation's air resources so as to promote the public health and welfare and the productive capacity of its population." 42 U.S.C. § 7401(b)(1). Later, in the Clean Air Act Amendments of...
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