COMMONWEALTH OF VIRGINIA; George Allen, Governor of the Commonwealth of Virginia, Plaintiffs-Appellants,
v.
UNITED STATES of America; Environmental Protection Agency; Department of Transportation; Carol M. Browner, Administrator of the United States Environmental Protection Agency, in Her Official Capacity; Federico F. Pena, Secretary, Department of Transportation, Secretary of Transportation, in His Official Capacity, Defendants-Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued September 28, 1995.
Decided February 2, 1996.
Attorney(s) appearing for the Case
ARGUED: Roger Lewis Chaffe, Senior Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellants. Jeffrey Paul Kehne, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: James S. Gilmore, III, Attorney General of Virginia, John Paul Woodley, Jr., Deputy Attorney General, Mary J. Leugers, Assistant Attorney General, John R. Butcher, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia; John P. Schmitz, Andrew J. Pincus, Charles A. Rothfeld, Gregory S. Walden, Thomas Dilenge, Washington, D.C., for Appellants. Lois J. Schiffer, Assistant Attorney General, David J. Kaplan, Albert M. Ferlo, Jr., Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Jan M. Tierney, Michael W. Thrift, Office of the General Counsel, United States Environmental Protection Agency, Washington, D.C.; Cecil A. Rodrigues, Office of the Regional Counsel, United States Environmental Protection Agency, Philadelphia, Pennsylvania; Diane K. Mobley, Office of the Chief Counsel, Federal Highway Administration, United States Department of Transportation, Washington, D.C., for Appellees.
Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and MURNAGHAN and MICHAEL, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge MURNAGHAN joined.
OPINION
MICHAEL, Circuit Judge:
The Commonwealth of Virginia brought suit in the Eastern District of Virginia to challenge the constitutionality of various provisions of the Clean Air Act (CAA), 42 U.S.C. § 7401 et seq. According to Virginia, Title I and Title V of the CAA violate the Constitution's Spending Clause (art. I, § 8, cl.1...
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