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AMERICAN MUN. POWER-OHIO v. E.P.A.

No. 95-1290.

98 F.3d 1372 (1996)

AMERICAN MUNICIPAL POWER-OHIO, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided October 29, 1996.

Attorney(s) appearing for the Case

David R. Straus, Washington, DC, argued the cause and filed the briefs, for petitioner.

Scott J. Jordan, Attorney, United States Department of Justice, Washington, DC, with whom Lois J. Schiffer, Assistant Attorney General, was on the brief, argued the cause, for respondent.

Before: EDWARDS, Chief Judge, ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

An association of municipal electric systems challenges an Environmental Protection Agency rule interpreting the term "thermal energy" in section 410(f) of the 1990 Clean Air Act Amendments. According to petitioner, EPA's definition of the term denies its members an opportunity to transfer emissions allowances that other participants in Title IV's acid rain program enjoy. Because

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