HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, Ian G. Scott, Q.C., Attorney General of Ontario, Jim Bradley, Minister of the Environment of the Province of Ontario, and Michael B. Vaughan, Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Alabama Power Co., et al., National Coal Ass'n, Adirondack Mountain Club, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 15, 1990.
Decided August 31, 1990.
Attorney(s) appearing for the Case
Bruce J. Terris, with whom James M. Hecker (for Her Majesty the Queen in Right of Ontario, et al.), Howard I. Fox (for Sierra Club and Izaak Walton League of America), Robert Abrams, Peter H. Schiff, David R. Wooley, and Joan Leary Matthews (for New York State Dept. of Law, Environmental Protection Bureau), Ann Seha (for the State of Minn.), J. Wallace Malley, Jr. (for the State of Vermont), Gary Powers (for the State of R.I.), James Tierney (for the State of Me.), Brian Comerford (for the State of Conn.), Charles Holtman (for the State of N.H.), James M. Shannon and Lee Breckenridge (for the Com. of Mass.), Paul Schneider (for the State of N.J.), and Hope Babcock (for Natl. Audubon Society) were on the briefs, for petitioners Her Majesty the Queen in Right of Ontario, et al. Jocelyn F. Olson also entered an appearance for petitioners.
Karen L. Egbert, Attorney, Dept. of Justice, with whom Richard B. Stewart, Asst. Atty. Gen., and E. Donald Elliott, Gen. Counsel, Alan W. Eckert, Associate Gen. Counsel, Charles S. Carter, Asst. Gen. Counsel, E.P.A. ("EPA"), and Steven M. Wellner, Atty., EPA, were on the brief, for respondents. Roger J. Marzulla also entered an appearance for respondents.
Henry V. Nickel, with whom Michael L. Teague, F. William Brownell, and Norman W. Fichtborn (for Alabama Power Co., et al.) and Michael B. Barr and Bruce D. Peterson (for National Coal Ass'n) were on the joint brief, for named intervenors.
Thomas A. Ulasewicz was on the brief for intervenor Adirondack Mountain Club, Inc.
Bruce J. Terris and James M. Hecker were on the brief for amici curiae Her Majesty the Queen in Right of New Brunswick, et al.
Richard A. Wegman and Harold G. Bailey, Jr. were on the brief for amicus curiae the Government of Canada.
Before WALD, Chief Judge, and MIKVA and BUCKLEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge BUCKLEY.
BUCKLEY, Circuit Judge:
The question before us is whether the Environmental Protection Agency has any present obligation to take action under section 115 of the Clean Air Act, which establishes a procedure for the prevention of air pollutants in the United States from causing harm in the form of acid deposition to the public health and welfare in Canada. The Province of Ontario and a number of States and...
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