Lee M. THOMAS, Administrator, United States Environmental Protection Agency, and Alabama Power Company, et al., Appellants,
v.
STATE OF NEW YORK, et al (Two Cases).
Lee M. THOMAS, Administrator, United States Environmental Protection Agency, and National Coal Association, Appellants,
v.
STATE OF NEW YORK, et al.
Lee M. THOMAS, Administrator, United States Environmental Protection Agency, and Commonwealth of Kentucky, Appellants,
v.
STATE OF NEW YORK, et al.
Lee M. THOMAS, Administrator, United States Environmental Protection Agency, and State of Ohio, Appellants,
v.
STATE OF NEW YORK, et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 15, 1986.
Decided September 18, 1986.
Attorney(s) appearing for the Case
David C. Shilton, Atty., U.S. Dept. of Justice, with whom F. Henry Habicht II, Asst. Atty. Gen., Michael A. McCord, Anne S. Almy, Attys., U.S. Dept. of Justice and Charles S. Carter, Asst. Gen. Counsel, U.S.E.P.A., were on brief for appellant, Lee M. Thomas, Adm'r, U.S.E.P.A., Washington, D.C.
Henry V. Nickel, with whom F. William Brownell, Charles H. Knauss and Kerry A. Walsh Skelly, Washington, D.C., were on brief, for appellants Alabama Power Co., et al. and National Coal Ass'n in Nos. 85-5970, 85-5972 and 85-5994.
Michael B. Barr, with whom Charles D. Ossola, Washington, D.C., Douglas O. Metz and Dale P. Vitale, Larry G. Kopelman, Columbus, Ohio, were on brief, for appellants Com. of Ky. and State of Ohio and State of West Virginia in Nos. 85-6113 and 85-6114.
David R. Wooley, Albany, N.Y. with whom Howard Fox, Washington, D.C., was on brief, for appellees State of N.Y., et al.
Bruce J. Terris, with whom James M. Hecker, Washington, D.C., was on brief, for appellees Her Majesty the Queen in Right of Ontario, et al.
Gregory W. Sample, Augusta, Me., entered an appearance for appellee State of Maine.
Paul H. Schnieder, Clark, N.J., entered an appearance for appellee State of N.J.
Robert A. Whitehead and Kenneth N. Tedford, Hartford, Conn., entered appearances for appellee State of Conn.
Jocelyn F. Olson, Roseville, Minn., was on brief for amicus curiae State of Minn. urging affirmance.
Michael Schaefer, Indianapolis, Ind., was on brief for amicus curiae State of Ind. urging reversal.
John A. Thorner and Michael K. Glenn, Washington, D.C., were on brief for amici curiae American Paper Institute, et al., urging reversal.
Michael H. Holland and Earl R. Pfeffer, Washington, D.C., were on brief for amicus curiae United Mine Workers of America urging reversal.
Before MIKVA and SCALIA, Circuit Judges, and WRIGHT, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SCALIA.
SCALIA, Circuit Judge:
On January 13, 1981, Douglas M. Costle, at that time Administrator of the Environmental Protection Agency, sent a letter to then Secretary of State Edmund S. Muskie in which he concluded that "acid deposition is endangering public welfare in the U.S. and Canada and ... U.S. and Canadian sources contribute to the problem not only in the country...
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