SIERRA CLUB v. ENVIRONMENTAL PROTECTION AGCY.


540 F.2d 1114 (1976)

SIERRA CLUB, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY et al., Respondents, The Dayton Power & Light Co. et al., Intervenors. SIERRA CLUB et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY et al., Respondents. PUBLIC SERVICE COMPANY OF COLORADO et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Sierra Club et al., Intervenors. UTAH POWER & LIGHT COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Sierra Club et al., Intervenors. STATE OF NEW MEXICO ex rel. NEW MEXICO ENVIRONMENTAL IMPROVEMENT AGENCY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Sierra Club et al., Intervenors. PACIFIC COAL GASIFICATION COMPANY et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Sierra Club et al., Intervenors. UTAH INTERNATIONAL, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Sierra Club et al., Intervenors. INDIANA-KENTUCKY ELECTRIC CORPORATION et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Sierra Club et al., Intervenors. The DAYTON POWER & LIGHT COMPANY et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Sierra Club et al., Intervenors. BUCKEYE POWER, INC. et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY et al., Respondents, Sierra Club et al., Intervenors. AMERICAN PETROLEUM INSTITUTE et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Sierra Club et al., Intervenors. ALABAMA POWER COMPANY et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Sierra Club et al., Intervenors. MONTANA POWER COMPANY et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Sierra Club et al., Intervenors. SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY et al., Respondents, Sierra Club et al., Intervenors. [DO] Nos. 74-2063, 74-2079, 75-1368 to 75-1372, 75-1575, 75-1663 to 75-1666, 75-1763 and 75-1764.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 1976.


Attorney(s) appearing for the Case

Bruce J. Terris, Washington, D. C., with whom Nathalie V. Black, Washington, D. C., John D. Hoffman, San Francisco, Cal., and H. Anthony Ruckel, Denver, Colo., were on the brief, for petitioners in Nos. 74-2063 and 74-2079 and intervenors Sierra Club and others.

Henry Charles Griego, Santa Fe, N. M., for petitioner in No. 75-1370. Toney Anaya, Atty. Gen. of the State of New Mexico, and Robert A. Engel, Sp. Asst. Atty. Gen., New Mexico Environmental Improvement Agency, Santa Fe, N. M., were on the brief for petitioner in No. 75-1370.

John J. Adams, Richmond, Va., with whom Joseph C. Carter, Jr. and David F. Peters, Richmond, Va., were on the brief, for petitioners in No. 75-1665; also entered an appearance for intervenors American Petroleum Institute and others in No. 75-1663.

Gerry Levenberg, Washington, D. C., with whom Carl B. Nelson, Jr., Washington, D. C., Sidney G. Baucom and Verl R. Topham, Salt Lake City, Utah, and Girts Krumins, Denver, Colo., were on the brief, for petitioners in Nos. 75-1368 and 75-1369; also entered an appearance for intervenor Utah Power & Light Co. in No. 74-2063.

Francis M. Shea, Washington, D. C., with whom Richard T. Conway, David Booth Beers, and James R. Bieke, Washington, D. C., and Michael J. Ruffatto, Bruce Norton, and Jon L. Kyl, Phoenix, Ariz., were on the brief, for petitioners in Nos. 75-1763 and 75-1764.

Richard J. Denny, Jr., Asst. Gen. Counsel, Environmental Protection Agency, and Erica L. Dolgin, Atty., Dept. of Justice, Washington, D. C., with whom Peter R. Taft, Asst. Atty. Gen., Robert V. Zenner, Gen. Counsel, Environmental Protection Agency, and Edmund B. Clark and Earl Salo, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents. Wallace H. Johnson, Asst. Atty. Gen., Washington, D. C., at the time the record was filed, also entered an appearance for respondents.

James W. McCartney and Norman D. Radford, Jr., Houston, Tex., and K. R. Edsall and Jane C. L. Goichman, Los Angeles, Cal., were on the brief for petitioners in No. 75-1371.

C. C. Dietrich and Robert M. Westberg, San Francisco, Cal., and Richard N. Carpenter, New York City, were on the brief for petitioner in No. 75-1372.

Jerry P. Belknap, Jon D. Noland, and Bryan G. Tabler, Indianapolis, Ind., were on the brief for petitioners in No. 75-1575. Fred P. Bamberger, Evansville, Ind., also entered an appearance for petitioners in No. 75-1575.

Wilson W. Snyder, Toledo, Ohio, was on the brief for petitioners in Nos. 75-1663 and 75-1664. Harry H. Voigt, Henry V. Nickel, Eugene R. Fidell, and Edward L. Cohen, Washington, D. C., also entered appearances for petitioners in Nos. 75-1663 and 75-1664.

John P. Scott, Jr., Birmingham, Ala., Eugene T. Holmes, Atlanta, Ga., and Eaton A. Lang, Gulfport, Miss., were on the brief for petitioners in No. 75-1666.

Jon L. Kyl, Bruce Norton, and Michael J. Ruffatto, Phoenix, Ariz., were on the brief for intervenors Western Energy Supply and Transmission Associates and others in No. 74-2063.

Marilyn S. Kite, Laramie, Wyo., filed a brief on behalf of the States of Alabama, Colorado, Kansas, Minnesota, South Dakota, and Florida as amici curiae.

Nicholas C. Yost, San Francisco, Cal., and Edward L. Rogers, Augusta, Maine, filed a brief on behalf of the States of California and Maine as amici curiae.

Harry H. Voigt, Henry V. Nickel, and Eugene R. Fidell, Washington, D. C., entered appearances for intervenors The Dayton Power & Light Co. et al. in No. 74-2063.

Henry Brown, Washington, D. C., entered an appearance for intervenors Western Energy Supply and Transmission Associates and others in No. 74-2063.

Raphael Moses, Boulder, Colo., entered an appearance for petitioner Platte River Power Authority in No. 75-1368.

David Booth Beers, Washington, D. C., entered an appearance for petitioner Pacific Power & Light Co. in No. 75-1368.

Before WRIGHT, ROBINSON, and WILKEY, Circuit Judges.


Opinion for the court filed by J. SKELLY WRIGHT, Circuit Judge.

J. SKELLY WRIGHT, Circuit Judge:

I. INTRODUCTION

One of the primary purposes of the Clean Air Act, 42 U.S.C. § 1857 et seq. (1970), is "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 * * *." Section 101(b)(1), 42 U.S.C. § 1857(b)(1). Pursuant to the court order...

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