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STATE OF VERMONT v. THOMAS

No. 872, Docket 87-4119.

850 F.2d 99 (1988)

STATE OF VERMONT, Conservation Law Foundation of New England, Inc., and Vermont Natural Resources Council, Petitioners, v. Lee THOMAS, Administrator, United States Environmental Protection Agency and the United States Environmental Protection Agency, Respondents, and Alabama Power Company, et al., Intervenors.

United States Court of Appeals, Second Circuit.

Decided June 23, 1988.

Attorney(s) appearing for the Case

J. Wallace Malley, Jr., Asst. Atty. Gen., Montpelier, Vt. (Jeffrey L. Amestoy, Atty. Gen., State of Vt., Armond Cohen, Diane A. Schachter, Conservation Law Foundation of New England, Boston, Mass., of counsel), for petitioners.

Gregory B. Foote, Office of General Counsel, U.S. Environmental Protection Agency, Washington, D.C. (Roger J. Marzuella, Acting Asst. Atty. Gen., Arthur E. Gowran, U.S. Dept. of Justice, Land and Natural Resources Div., Washington, D.C., of counsel), for respondents.

Henry V. Nickel, Washington, D.C. (Michael L. Teague, Norman W. Fichthorn, Hunton & Williams, Washington, D.C., of counsel), for intervenors.

Before MESKILL and ALTIMARI, Circuit Judges, and MISHLER, District Judge.

ALTIMARI, Circuit Judge:

Petitioners, the State of Vermont, Conservation Law Foundation of New England, Inc., and Vermont Natural Resources Council, seek review, pursuant to 42 U.S.C. § 7607(b)(1), of a final ruling of respondent, the Environmental Protection Agency ("EPA"), taking "no action" on those portions of Vermont's state implementation plan ("state implementation plan" or "SIP") addressing "regional haze" submitted under section 169A of the Clean Air...

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