DUQUESNE LIGHT CO. v. E.P.A.

Nos. 80-2103, 80-2123, 80-2160 to 80-2163, 80-2165, 80-2166, 80-2176 to 80-2181, 80-2185, 80-2186, 80-2188 to 80-2190 and 81-1736.

698 F.2d 456 (1983)

DUQUESNE LIGHT COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Alabama Power Company, et al., (Utility Intervenors) Duquesne Light Company, et al., (Industry Intervenors) Natural Resources Defense Council, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 7, 1983.

As Amended April 5, 1983.


Attorney(s) appearing for the Case

Andrea S. Bear and Henry V. Nickel, Washington, D.C., with whom Mark G. Weisshaar, Washington, D.C., was on the briefs for Alabama Power Company, et al., petitioners/intervenors in 80-2103, 80-2190 and 81-1736.

Jeffrey O. Cerar, Washington, D.C., with whom Glenn M. Young, J. Van Carson and Kenneth C. Moore, Cleveland, Ohio, were on the briefs for Morgan Adhesives Co., et al., petitioners in 80-2166, 80-2186, 80-2188 and 80-2189.

James E. Fox, Assoc. Gen. Counsel, Knoxville, Tenn., with whom Herbert S. Sanger, Jr., Gen. Counsel, Thomas C. Doolan, Steven A. Brigance and Robert C. Glinski, Knoxville, Tenn., were on the briefs for Tennessee Valley Authority, petitioners in 80-2179.

Paul L. Landry, Pittsburgh, Pa., with whom John McN. Cramer, Robert A. Emmett and Lee A. Rau, Pittsburgh, Pa., were on the briefs for Duquesne Light Company, et al., petitioners in 80-2103 and 80-2123.

Christopher R. Schraff, Columbus, Ohio, with whom J. Jeffrey McNealey, Robert L. Brubaker, William J. Kelly, Jr., and Charles S. Carter, Columbus, Ohio, were on the briefs for Ohio Edison Company, et al., petitioners in 80-2180 and 80-2181.

Roger M. Golden, Chester R. Babst, III, Peter G. Veeder and Louise W. Yoder, Pittsburgh, Pa., were on the briefs for American Iron and Steel Institute, et al., petitioners in 80-2160.

Alfred V.J. Prather and J. William Doolittle, Washington, D.C., were on the briefs for Kennecott Corp., petitioner in 80-2161.

Ralph J. Moore, Jr., and Frederick C. Schafrick, Washington, D.C., were on the briefs for Magma Copper Company, petitioner in 80-2162.

Michael K. Glenn, Washington, D.C., and Rigdon H. Boykin, New York City, were on the briefs for American Paper Institute and National Forest Products Association, petitioners in 80-2163.

Thomas H. Truitt, Thomas W. Brunner, D. Michael Freedman and Mark R. Joelson, Washington, D.C., were on the briefs for Ford Motor Company, petitioner in 80-2165.

Edmund B. Frost, Patrick C. Joyce and David F. Zoll, Washington, D.C., were on the briefs for Chemical Manufacturers Association, petitioner in 80-2176.

Gary H. Baise, Charles A. Patrizia and Scott W. Bowen, Washington, D.C., were on the briefs for Dow Chemical Company, et al., petitioners/intervenors in 80-2103, 80-2177 and 80-2178.

Jerome Heckman and Peter De La Cruz, Washington, D.C., were on the briefs for The Society of the Plastics Industry, Inc., et al., petitioners in 80-2178.

Frank H. Morison and Roberta L. Halladay, Denver, Colo., were on the briefs for ASARCO, Inc., petitioner in 80-2185.

William F. Pedersen, Jr., Atty. E.P.A., Washington, D.C., of the bar of the Supreme Court of Massachusetts pro hac vice by special leave of Court, Christopher C. Herman, Atty. E.P.A., Dean K. Dunsmore and Michael W. Neville, Attys., Dept. of Justice, Washington, D.C., with whom Robert M. Perry, General Counsel, Todd M. Joseph, Atty. Environmental Protection Agency and Donald W. Stever, Jr., Atty., Dept. of Justice, Washington, D.C., were on the briefs for respondent E.P.A., et al., in all cases.

Ronald J. Wilson and Richard E. Ayres, Washington, D.C., were on the brief for Natural Resources Defense Council, Inc., intervenor in 80-2103.

Paul Rodgers and Charles D. Gray, National Association of Regulatory Utility Commissioners, Washington, D.C., amicus curiae in 80-2103.

Before ROBINSON, Chief Judge; MIKVA, Circuit Judge and BAZELON, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

To speed improvement of the nation's air quality, Congress adopted the Clean Air Act Amendments of 1977, Pub.L. No. 95-95, 91 Stat. 685 (Amendments). An innovative feature of the 1977 Amendments was the authorization of penalties to recoup the economic benefits derived by pollution sources that fail to comply with air pollution limitations, 1977 Amendments § 120, 42 U.S.C. §...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases