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ORMET CORP. v. OHIO POWER CO.

No. 95-1835.

98 F.3d 799 (1996)

ORMET CORPORATION, now known as Ormet Primary Aluminum Corporation, Plaintiff-Appellant, v. OHIO POWER COMPANY; American Electric Power Service Corporation, Defendants-Appellees, and American Electric Power Company, Incorporated; John M. McManus; John E. Hollback, Jr.; Environmental Protection Agency; Carol M. Browner, as Administrator of the United States Environmental Protection Agency, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided October 23, 1996.

Attorney(s) appearing for the Case

ARGUED: Charles Stanley Warren, Robinson, Silverman, Pearce, Aronsohn & Berman, New York City, for Plaintiff-Appellant. Janet J. Henry, Porter, Wright, Morris & Arthur, Columbus, OH, for Defendants-Appellees. ON BRIEF: Ronald M. Musser, Phillips, Gardill, Kaiser & Altmeyer, Wheeling, WV, for Plaintiff-Appellant. Robert L. Brubaker, Porter, Wright, Morris & Arthur, Columbus, OH; Michael B. Victorson, Robinson & McElwee, Charleston, WV, for Defendants-Appellees.

Before WILKINS, NIEMEYER, and MICHAEL, Circuit Judges.

Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINS and Judge MICHAEL joined.

OPINION

NIEMEYER, Circuit Judge:

Congress added Title IV to the Clean Air Act in 1990 to address the problem of acid rain. Title IV prescribes limits for the emissions of sulfur dioxide and nitrogen oxides and authorizes the Environmental Protection Agency (EPA) to issue permits with emission allowances to emit those polluting...

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