SIERRA CLUB and Natural Resources Defense Council, Inc., Petitioners,
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Alabama Power Company, et al., Kennecott Minerals Co., Tennessee Valley Authority, States of New York, et al., State of Vermont, American Petroleum Institute, et al., Intervenors.
COMMONWEALTH OF PENNSYLVANIA, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, and Anne M. Gorsuch, Administrator, Respondents,
States of New York, et al., Alabama Power Co., et al., State of Vermont, American Petroleum Institute, et al., Intervenors.
SIERRA CLUB and Natural Resources Defense Council, Inc., Petitioners,
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Alabama Power Company, et al., American Petroleum Institute, et al., Intervenors.
COMMONWEALTH OF PENNSYLVANIA, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, and Anne M. Gorsuch, Administrator, Respondents,
Alabama Power Company, et al., American Petroleum Institute, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 18, 1983.
Decided October 11, 1983.
Attorney(s) appearing for the Case
Richard E. Ayres and Howard I. Fox, Washington, D.C., for petitioners in Nos. 82-1384 and 82-1845.
Thomas Y. Au, Asst. Counsel, Commonwealth of Pa., Harrisburg, Pa., was on the brief for petitioners in Nos. 82-1412 and 82-1889.
Catherine A. Cotter, Atty., Dept. of Justice, Washington, D.C., of the bar of the Supreme Court of Cal., pro hac vice by special leave of Court, and Christina Kaneen, Atty., E.P.A., Washington, D.C., of the bar of the Supreme Court of Ill., pro hac vice by special leave of Court, with whom Carol E. Dinkins, Asst. Atty. Gen., Dept. of Justice, Robert M. Perry, Gen. Counsel, and Charles S. Carter, Acting Asst. Gen. Counsel, E.P.A., Washington, D.C., were on the brief, for respondents. Barry S. Neuman, Atty., Dept. of Justice, and Jesse Carrillo, Atty., E.P.A., Washington, D.C., also entered appearances for respondents in Nos. 82-1384, 82-1412, 82-1845 and 82-1889.
Henry V. Nickel, Washington, D.C., with whom F. William Brownell and Michele Pollak, Washington, D.C., were on the brief, for intervenors, Alabama Power Co., et al., in Nos. 82-1384, 82-1412, 82-1845, and 82-1889.
Stark Ritchie and David T. Deal, Washington, D.C., were on the brief for intervenors, American Petroleum Institute, et al., in Nos. 82-1384, 82-1412, 82-1845, and 82-1889.
Alfred V.J. Prather and Kurt E. Blase, Washington, D.C., were on the brief for intervenor Kennecott Minerals Co. in No. 82-1384.
Herbert S. Sanger, Jr., Gen. Counsel, James E. Fox, Assoc. Gen. Counsel, Thomas C. Doolan, Gregory R. Signer, Knoxville, Tenn., were on the brief for intervenor Tennessee Valley Authority in No. 82-1384.
Francis X. Bellotti, James R. Gomes and Stephen M. Leonard, Boston, Mass., for Com. of Mass., Robert Abrams and David R. Wooley, Albany, N.Y., for State of N.Y. and Dennis J. Roberts, II, Providence, R.I., for State of R.I., were on the brief for intervenors, State of N.Y., et al., in Nos. 82-1384 and 82-1412. Val Washington, Albany, N.Y., also entered an appearance for State of N.Y. in No. 82-1384.
Before EDWARDS, Circuit Judge, McGOWAN and MacKINNON, Senior Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Senior Circuit Judge McGOWAN.
McGOWAN, Senior Circuit Judge:
This case concerns the amount of credit electric power plants and other major sources of air pollution may receive for the height of their emissions stacks in calculating limitations on their emission of pollutants.
Under the Clean Air Act as amended ("the Act") and its regulations, emissions limitations for each such source are fixed on the basis of local,...
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