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MADISON GAS & ELEC. CO. v. U.S. E.P.A.

Nos. 93-2131, 93-2262.

25 F.3d 526 (1994)

MADISON GAS & ELECTRIC COMPANY, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. CITY OF SPRINGFIELD, ILLINOIS, CITY WATER, LIGHT and POWER, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided May 27, 1994.

Attorney(s) appearing for the Case

Henry V. Nickel (argued), Norman W. Fichthorn (argued), Hunton & Williams, Washington, DC, for Madison Gas & Elec. Co.

Lee M. Thomas, Lawrence J. Jensen, Gerald H. Yamada, Carol M. Browner, E.P.A. Washington, DC, Valdas V. Adamkus, E.P.A., Region 5, Office of the Regional Counsel, Chicago, IL, Jonathan C. Averback, John C. Nagle (argued), Department of Justice, Environmental Defense Section, Washington, DC, for E.P.A.

Henry V. Nickel (argued), Norman W. Fichthorn (argued), Hunton & Williams, Washington, DC, James K. Zerkle, Springfield, IL, for City of Springfield, Ill., City Water, Light and Power.

Before POSNER, Chief Judge, BAUER, Circuit Judge, and ASPEN, District Judge.

POSNER, Chief Judge.

We have consolidated for argument and decision two petitions for review of an order (technically, "final action," 42 U.S.C. § 7607(b)(1)) by the Environmental Protection Agency awarding to electric utilities allowances for the emission of sulphur dioxide. Acid Rain Allowance Allocations and Reserves, 58 Fed.Reg. 15634, 15662, 15697 (March 23, 1993). The EPA has questioned our jurisdiction over these petitions but we rejected its view...

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