NATURAL RESOURCES DEFENSE COUNCIL, INC. v. THOMAS

No. 86-1305.

845 F.2d 1088 (1988)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner, v. Lee M. THOMAS, Administrator, U.S. Environmental Protection Agency, et al., Respondents, Alabama Power Co., et al., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 3, 1988.


Attorney(s) appearing for the Case

David G. Hawkins, Washington, D.C., for petitioner. Richard E. Ayres, Washington, D.C., also entered an appearance for petitioner.

Eileen T. McDonough, Dept. of Justice, with whom, Roger J. Marzulla, Acting Asst. Atty. Gen., Francis S. Blake, Gen. Counsel, Alan W. Eckert, Associate Gen. Counsel, Charles S. Carter, Asst. Gen. Counsel, and Patricia A. Embrey, E.P.A., Washington, D.C., were on the brief, for respondents. Lawrence R. Liebesman, and Bradley S. Bridgewater, Dept. of Justice, Washington, D.C., also entered appearances for respondents.

Henry V. Nickel, F. William Brownell, and Mel S. Schulze, Washington, D.C., were on the brief, for respondent-intervenors, Alabama Power Co., et al.

Before EDWARDS, BUCKLEY and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

Concurring opinion filed by Circuit Judge HARRY T. EDWARDS.

SENTELLE, Circuit Judge:

This case involves a petition by a public interest environmental group, National Resources Defense Council, Inc. (NRDC), to have this Court review the choice of the Administrator of the Environmental Protection Agency (EPA) between two monitoring methods in enforcing the National Ambient Air Quality Standards ...

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