LOUISIANA ENVIRONMENTAL ACTION NETWORK, et al., Petitioners,
v.
Carol M. BROWNER, Administrator, and United States Environmental Protection Agency, Respondents,
Chemical Manufacturers Association, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 20, 1995.
Decided July 9, 1996.
Attorney(s) appearing for the Case
Henry V. Nickel, Washington, DC, argued the cause for petitioners Alabama Power Company, et al., with whom Norman W. Fichthorn and Evelina J. Norwinski were on the briefs. Melvin S. Schulze, Atlanta, GA, and Lee B. Zeugin, Washington, DC, entered appearances.
David M. Driesen, Washington, DC, argued the cause for petitioners Louisiana Environmental Action Network, et al., with whom Sharon Buccino and David G. Hawkins were on the briefs. A brief was also filed by the same parties as intervenors.
William H. Lewis, Jr., Washington, DC, argued the cause for petitioners Clean Air Implementation Project, et al., with whom Michael A. McCord, David F. Zoll, Washington, DC, Nancy C. Cookson, Susan R. Connella, Arlington, VA, and V. Mark Slywynsky, Detroit, MI, were on the briefs. A separate brief was also filed by the same parties as intervenors. Hunter L. Prillaman, Washington, DC, and K. Denise Grant, Arlington, VA, entered appearances.
Karen L. Egbert, United States Department of Justice, Washington, DC, argued the cause for respondents, with whom Lois J. Schiffer, Assistant Attorney General, was on the brief. Patricia A. Embrey, Attorney, entered an appearance.
Before: BUCKLEY, SENTELLE and RANDOLPH, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
SENTELLE, Circuit Judge:
Section 112(l) of the 1990 Amendments to the Clean Air Act permits the Environmental Protection Agency ("EPA") to delegate its authority and responsibility to implement various air-pollution requirements to a state if that state's program to regulate air pollution receives the EPA approval. See 42 U.S.C. § 7412(l). In a rule-making pursuant to this section, see 40 C.F.R. § 63.90-.96, the EPA established...
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