MONONGAHELA POWER CO. v. REILLY

No. 92-1786.

980 F.2d 272 (1992)

MONONGAHELA POWER COMPANY; West Penn Power Company; Potomac Edison Power Company, Plaintiffs-Appellees, v. William REILLY, Administrator of the United States Environmental Protection Agency, Defendant-Appellant. Indianapolis Power & Light Company; Northern Indiana Public Service Company; Southern Indiana Gas & Electric Company; PSI Energy, Incorporated, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided November 24, 1992.

As Amended January 6, 1993.

As Corrected January 8, 1993.


Attorney(s) appearing for the Case

David Carlisle Shilton, U.S. Dept. of Justice, Washington, D.C., argued (Vicki A. O'Meara, Acting Asst. Atty. Gen., John A. Bryson, Alan D. Greenberg, U.S. Dept. of Justice, Patricia Embrey, Judith Tracy, Office of Gen. Counsel, U.S. E.P.A., on brief), for defendant-appellant.

Stephen E. Roady, Andrews & Kurth, L.L.P., Washington, D.C., argued (Thomas E. Starnes, Christine A. Jones, Andrews & Kurth, L.L.P., on brief), for amici curiae Indianapolis Power & Light, et al.

William James Murphy, Law Offices of William J. Murphy, Baltimore, Md., argued (M. Blane Michael, Jackson & Kelly, Charleston, W.Va., on brief), for plaintiffs-appellees.

Roger J. Marzulla, Akin, Gump, Hauer & Feld, L.L.P., Washington, D.C., argued (William J. Brealis, Fritz H. Schneider, Michael S. Ray, Washington, D.C., Cheryl M. Foley, Ronald J. Brothers, Barbara F. Gambill, PSI Energy, Inc., Plainfield, Ind., on brief), for amicus curiae, PSI Energy.

Before PHILLIPS and LUTTIG, Circuit Judges, and TRAXLER, United States District Judge for the District of South Carolina, sitting by designation.


OPINION

LUTTIG, Circuit Judge:

The Monongahela Power Company and two other utilities (collectively "Monongahela") brought suit against the Administrator of the Environmental Protection Agency to compel him to process their application for an extension of a compliance deadline and collateral request for emissions allowances, alleging that the Administrator had failed to perform a nondiscretionary duty under the Clean Air Act to process the application and...

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