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SIERRA CLUB v. THOMAS

No. 86-1134.

828 F.2d 783 (1987)

SIERRA CLUB, Petitioner, v. Lee M. THOMAS, Administrator, Environmental Protection Agency, et al., Respondent, American Mining Congress, et al., National Coal Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 8, 1987.

Attorney(s) appearing for the Case

Joseph J. Brecher, for petitioner. Howard Fox, also entered an appearance for petitioner.

Stephen L. Samuels, Atty., Dept. of Justice with whom Gregory Foote, Atty., U.S.E.P.A., was on brief, for respondents.

Michael B. Barr and Kerry A. Walsh Skelly, were on brief, for intervenor, Nat. Coal Assn. Charles D. Ossola, also entered an appearance for intervenor.

Roberta L. Halladay and Robert T. Connery, were on brief, for intervenor, American Min. Congress, et al. J. Peter Luedtke and Larry A. Boggs, also entered appearances for intervenors.

Before RUTH B. GINSBURG, STARR and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

On October 24, 1984, the Environmental Protection Agency (EPA) issued a proposal for rulemaking1 concerning whether to place strip mines on its list of pollutant sources subject to fugitive emissions regulation under the "prevention of significant deterioration" (PSD) program of the Clean Air Act (Act).2 Contending...

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