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ALLIANCE FOR CLEAN COAL v. BAYH

No. 95-2065.

72 F.3d 556 (1995)

ALLIANCE FOR CLEAN COAL, a Virginia not-for-profit corporation, Plaintiff-Appellee, v. Honorable Evan BAYH, in his official capacity as Governor of the State of Indiana, John F. Mortell, Frederick L. Corban, Mary Jo Huffman, G. Richard Klein and David E. Zeigner, in their official capacities as, respectively, Chairman and Commissioners of the Indiana Utility Regulatory Commission, Defendants-Appellants, and PSI Energy, Incorporated, and United Mine Workers of America, Intervenor/Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 22, 1995.

Attorney(s) appearing for the Case

R.R. McMahan (argued), Gerald O. Sweeney, Jr., Damon N. Vocke, Lord, Bissell & Brook, Chicago, IL, Robert W. Geddes, Hume, Smith, Geddes & Green, Indianapolis, IN, for plaintiff-appellee.

G. Daniel Kelley (argued), Edward P. Steegmann, Ice, Miller, Donadio & Ryan, Myra P. Spicker, Office of the Attorney General, Indianapolis, IN, for defendants-appellants.

Peggy A. Hillman, Indianapolis, IN, Edgar N. James, Washington, DC, for intervenor-defendant.

Virgil L. Beeler, Fred E. Schlegel, Baker & Daniels, Indianapolis, IN, for intervenor-appellee.

Before CUMMINGS, RIPPLE and MANION, Circuit Judges.

CUMMINGS, Circuit Judge.

Plaintiff Alliance for Clean Coal ("Alliance") is a trade association whose members market and transport coal produced from western United States mines. Alliance sued the governor of Indiana and members of the Indiana Utility Regulatory Commission ("Commission") challenging portions of the Indiana Environmental Compliance Plans Act ("ECPA") (IC 8-1-27-6(b)(6), 8-1-27-8(1)(D) and 8-1-27-20) (Appendix, infra).1

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