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INDIANAPOLIS POWER & LIGHT CO. v. U.S. E.P.A.

No. 93-1197.

58 F.3d 643 (1995)

INDIANAPOLIS POWER & LIGHT COMPANY, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Environmental Defense Fund, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 1995.

Attorney(s) appearing for the Case

Stephen E. Roady, argued the cause, for petitioner. On brief were Thomas E. Starnes and Bryan G. Tabler.

Patricia Ross McCubbin, Atty., Dept. of Justice, argued the cause, for respondent. On brief were Lois J. Schiffer, Asst. Atty. Gen., Patricia A. Embrey, Atty., Dept. of Justice, and Alan W. Eckert, Associate Gen. Counsel, E.P.A.

David G. Hawkins, entered an appearance, for intervenors Natural Resources Defense Council, Inc. and Adirondack Council.

Howard I. Fox, entered an appearance, for intervenor Environmental Defense Fund.

Before: SILBERMAN, SENTELLE and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

Separate concurring opinion filed by Circuit Judge SENTELLE.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Petitioner Indianapolis Power & Light Company (IPL) challenges regulations promulgated by the Environmental Protection Agency (EPA) pursuant to the acid rain program begun under 42 U.S.C. §§ 7651-7651o (Clean Air Act). IPL argues that the regulations relating to the calculation...

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