NATURAL RESOURCES DEFENSE COUNCIL, INC., and Sierra Club, Petitioners,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents,
Peabody Holding Company, Inc., et al., Natural Resources Defense Council, Inc., et al., American Mining Congress, et al., National Coal Association, et al., Intervenors.
SIERRA CLUB, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY and William K. Reilly, Administrator, Respondents,
National Coal Association, American Mining Congress, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 25, 1991.
Decided June 28, 1991.
As amended June 28, 1991.
Attorney(s) appearing for the Case
Howard I. Fox, with whom David D. Doniger, was on brief, Washington, D.C., for E.P.A., Natural Resources Defense Council, Inc., and Sierra Club in Nos. 84-1629 and 90-1028. Joseph J. Brecher, Oakland, Cal., also entered an appearance, for petitioners.
Craig D. Galli, Atty., Dept. of Justice, with whom Richard B. Stewart, Asst. Atty. Gen., Barry M. Hartman, Deputy Asst. Atty. Gen., Gregory B. Foote, Atty., E.P.A., and Alice L. Mattice, Atty., Dept. of Justice, were on brief, Washington, D.C., for respondents in both cases. Roger J. Marzulla, George B. Henderson, II and Stephen L. Samuels, Attys., Dept. of Justice, Jill E. Grant and Sara Schneeberg, Attys., E.P.A., also entered appearances, Washington, D.C., for respondents.
Andrea Bear Field, with whom Michael B. Barr, Washington, D.C., and Lee B. Zeugin, Richmond, Va., for Nat. Coal Ass'n, James R. Bieke and Frederick C. Schafrick, Washington, D.C., for Peabody Holding Co. and Peabody Coal Co., Paul D. Phillips, Adelia S. Borrasca and Edward M. Green, Washington, D.C., for American Min. Congress, et al., were on brief, for industry intervenors-petitioners in No. 84-1629. Charles D. Ossola, J. Peter Luedtke, David C. Branand and Larry A. Boggs, also entered appearances, Washington, D.C., for intervenors.
Before BUCKLEY, WILLIAMS and RANDOLPH, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.
STEPHEN F. WILLIAMS, Circuit Judge:
Surface coal mining operations throw up dust. This "fugitive dust"1 comes primarily from traffic on unpaved "haul roads" and from wind erosion, see "Requirements for Implementation Plans: Surface Coal Mines and Fugitive Emissions", 54 Fed.Reg. 48,870, 48,879/2 (1989), and it accounts for...
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