COMMONWEALTH of VIRGINIA, et al., Plaintiffs,
v.
UNITED STATES of America, et al., Defendants.
United States District Court, E.D. Virginia, Richmond Division.https://leagle.com/images/logo.png
June 12, 1995.
June 12, 1995.
Attorney(s) appearing for the Case
Roger L. Chaffe, John Richard Butcher, John Paul Woodley, Jr., Mary Jo Leugers, Virginia Office of Attorney General, Richmond, VA, John P. Schmitz, Andrew J. Pincus, Charles A. Rothfeld, Thomas DiLenge, Mayer, Brown & Platt, Washington, DC, for Com., George Allen, Governor of the Commonwealth of Virginia.
Debra Jean Prillaman, Office of U.S. Attorney, Richmond, VA, David J. Kaplan, U.S. Department of Justice, Environmental & Natural Resources Div., Washington, DC, for U.S., United States Environmental Protection Agency, United States Department of Transportation, Carol M. Browner, Administrator of the United States Environmental Protection Agency, Frederico Pena, Secretary of Transportation.
David Sanburg Bailey, Washington, DC, James Tripp, Environmental Defense Fund, New York City, for Lawyers' Committee for Civil Rights Under Law Inc., Environmental Defense Fund, Kathleen F. Derricott, Clifton E. Derricott, Andre L. Brown, Caleata Johnson, Gwen Hedgepath.
Katherine Ewing Slaughter, Southern Environmental Law Center, Charlottesville, VA, for American Lung Association of Northern Virginia, American Lung Association of Virginia, Audubon Naturalist Society, Citizens for Sensible Power, King George Environmental Association, Mountain Heritage Alliance, Virginia Citizen Action.
Charles Douglas Welty, Arlington, VA, Daniel J. Popeo, David A. Price, Washington Legal Foundation, Washington, DC, for Washington Legal Foundation.
United States District Court, E.D. Virginia, Richmond Division.
MEMORANDUM OPINION
SPENCER, District Judge.
In this lawsuit, the Commonwealth of Virginia and its Governor (collectively, "Virginia") bring constitutional challenges to certain provisions of the Clean Air Act, 42 U.S.C.A. §§ 7401-7671q (West 1983 and Supp.1995) ("the CAA"). This case is currently before the Court on the defendants' motion to dismiss for lack of subject matter jurisdiction. For...
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