STATE OF NEW YORK, et al., Petitioners,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY and William Ruckelshaus, Administrator, Respondents,
Monongahela Power Company, the North American Coal Corporation, NACCO Mining Company, Cincinnati Gas & Electric Company, et al., Peabody Holding Company, et al., Intervenors.
COMMONWEALTH OF PENNSYLVANIA, State of New York and State of Maine, Petitioners,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY and Lee Thomas, Acting Administrator, Respondents,
Peabody Holding Company, et al., Cincinnati Gas & Electric Company, et al., North American Coal Corporation, et al., Monongahela Power Company, Tennessee Valley Authority, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 26, 1988.
Decided July 22, 1988.
Attorney(s) appearing for the Case
Gregory W. Sample, Augusta, Me., and Thomas Y. Au, Harrisburg, Pa., with whom Robert Abrams, Atty. Gen. of N.Y., David R. Wooley, Asst. Atty. Gen. of N.Y., Albany, N.Y., James M. Shannon, Atty. Gen. of Mass., Lee Breckenridge, Asst. Atty. Gen. of Mass., Boston, Mass., J. Wallace Malley, Jr., Asst. Atty. Gen. of Vt., Manchester, Vt., Paul H. Schneider, Deputy Atty. Gen. of N.J., Trenton, N.J., Richard Ottinger, and James E. Tierney, Atty. Gen. of Me., Augusta, Me., were on the joint brief, for petitioners. Robert Whitehead, Jr., Kenneth N. Tedford, Hartford, Conn., and Francis X. Bellotti, also entered appearances for petitioners.
Michael A. McCord, Atty., Dept. of Justice, with whom Roger J. Marzulla, Acting Asst. Atty. Gen., Alan W. Eckert, Associate Gen. Counsel, E.P.A., and Charles S. Carter, Atty., E.P.A., Washington, D.C., were on the brief, for respondents. Peter Everett, Margaret N. Strand and Michael W. Steinberg, Attys., Dept. of Justice, Washington, D.C., also entered appearances for respondents.
Edward Berlin, with whom was Vern R. Walker, for Cincinnati Gas & Elec. Co., et al.; James R. Bieke, Frederick C. Schafrick, Washington, D.C., for Peabody Holding Co., Inc., et al.; Ronald R. Janke, Cleveland, Ohio, for North American Coal Corp. and NACCO Min. Co.; Michael H. Holland and Earl R. Pfeffer, Washington, D.C., for amicus curiae Intern. Union, United Mine Workers of America were on the joint brief for intervenors Cincinnati Gas & Elec. Co., et al. Thomas M. Lemberg, Washington, D.C., also entered an appearance for Cincinnati Gas & Elec. Co., et al.
Lawrence A. Demase, Pittsburgh, Pa., and J. Daniel Hull, were on the brief for intervenor, Monongahela Power Co.
Edward S. Christenbury, Gen. Counsel, James E. Fox, Deputy Gen. Counsel, Thomas C. Doolan and Gregory R. Signer, Knoxville, Tenn., were on the brief for intervenor Tennessee Valley Authority. Herbert S. Sanger, Knoxville, Tenn., also entered an appearance for intervenor Tennessee Valley Authority.
Before RUTH BADER GINSBURG and SENTELLE, Circuit Judges, and PALMIERI, Senior District Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SENTELLE.
Separate concurring opinion filed by Circuit Judge RUTH BADER GINSBURG.
SENTELLE, Circuit Judge:
Petitioners challenge the Environmental Protection Agency's (EPA) denial of petitions filed by three eastern states under section 126(b) of the Clean Air Act ("the Act"). 42 U.S.C. § 7426(b). We find that the EPA denial of these petitions is based on a...
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