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

Nos. 80-2103, 80-2123, 80-2181, 80-2190, 81-1836 and 84-1386.

791 F.2d 959 (1986)

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. PENNSYLVANIA POWER COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. OHIO EDISON COMPANY, Petitioner, v. Lee M. THOMAS, Administrator, Environmental Protection Agency, et al., Respondents. ALABAMA POWER COMPANY, et al., Petitioners, v. Lee M. THOMAS, Administrator, Environmental Protection Agency, et al., Respondents. ALABAMA POWER COMPANY, et al., Petitioners, v. Lee M. THOMAS, Administrator, Environmental Protection Agency and Environmental Protection Agency, Respondents. ALABAMA POWER COMPANY, et al., Petitioners, v. Lee M. THOMAS, Administrator, Environmental Protection Agency and Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 27, 1986.


Attorney(s) appearing for the Case

Henry V. Nickel, Washington, D.C., with whom Andrea Bear Field, Jeffrey N. Martin, Robert A. Emmett, Washington, D.C., J. Jeffrey McNealey and Christopher R. Schraff, Columbus, Ohio, were on the joint brief, for petitioners, Duquesne Light Co., et al. in Nos. 80-2103, 80-2123, 80-2181, 80-2190, 81-1736 and 84-1386.

Bonnie A. Sullivan, Atty., Dept. of Justice, with whom Francis Blake, Gen. Counsel, E.P.A., Dean K. Dunsmore, Atty., Dept. of Justice and Christopher C. Herman, Atty., E.P.A., Washington, D.C., were on the brief, for respondents in Nos. 80-2103, 80-2123, 80-2181, 80-2190, 81-1736 and 84-1386.

Richard E. Ayres and Ronald J. Wilson, Washington, D.C., were on the brief, for intervenor, Natural Resources Defense Council, Inc. in Nos. 80-2103, 80-2123, 80-2181, 80-2190, 81-1736 and 84-1386.

Paul Rodgers, Charles D. Gray and Genevieve Morelli, Washington, D.C., were on the brief, for amicus curiae, Nat. Ass'n of Regulatory Com'rs, urging remand, for revision in Nos. 80-2103, 80-2123, 80-2181, 80-2190, 81-1736 and 84-1386.

Before ROBINSON, Chief Judge, MIKVA and GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

I.

In Duquesne Light Co. v. Environmental Protection Agency, 698 F.2d 456 (D.C.Cir.1983) (Duquesne I), this court considered twenty consolidated petitions for review of regulations promulgated by the Environmental Protection Agency (EPA) pursuant to the Clean Air Act Amendments of 1977. Pub.L. No. 95-95, 91 Stat. 685 (codified...

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