ENVIRONMENTAL DEFENSE FUND v. ADM'R OF U.S. E.P.A.

No. 88-1882.

898 F.2d 183 (1990)

ENVIRONMENTAL DEFENSE FUND, INC., Petitioner, v. ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Alabama Power Company, et al., Standard Alaska Production Company, American Mining Congress, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 13, 1990.

As Amended March 13, 1990.


Attorney(s) appearing for the Case

Robert E. Yuhnke, for petitioner.

Craig D. Galli, Atty., Dept. of Justice, with whom Peter R. Steenland, Jr., Acting Deputy Asst. Atty. Gen., Dept. of Justice, Washington, D.C., and Gregory B. Foote, Atty., E.P.A., were on the brief for respondents.

Robert T. Connery, J. Peter Luedtke and Adelia S. Maddox, Washington, D.C., for American Mining Congress, Henry V. Nickel, Andrea Bear Field and Mel S. Schulze, Washington, D.C., for Alabama Power Co., et al., were on the brief for intervenors, American Mining Congress, et al. Adelia S. Maddox, Washington, D.C., and Edward M. Green, also entered appearances for American Mining Congress.

Alfred V.J. Prather, Edwin H. Seeger and Kurt E. Blase, Washington, D.C., entered appearances for intervenor, Standard Alaska Production Co.

Before WILLIAMS and SENTELLE, Circuit Judges, and ROBINSON, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

In its 1977 amendments to the Clean Air Act, Congress ratified a previously established program1 for the "prevention of significant deterioration of air quality." See § 127, Pub.L. No. 95-95, 91 Stat. 685, 731-42, adding to the Act §§ 160-69, codified at 42 U.S.C. §...

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