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TEXAS MUN. POWER AGENCY v. E.P.A.

Nos. 93-1325, 93-1334 to 93-1336 and 93-1349.

89 F.3d 858 (1996)

TEXAS MUNICIPAL POWER AGENCY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 1996.

Attorney(s) appearing for the Case

Lambeth Townsend argued the cause and filed the briefs, Austin, TX, for petitioner Texas Municipal Power Agency.

David R. Straus argued the cause, Washington, DC, for petitioners American Municipal Power Ohio, Inc., et al. With him on the briefs were Daniel I. Davidson and Scott H. Straus, Washington, DC.

William F. Hanrahan argued the cause and filed the briefs, Washington, DC, for petitioners Nebraska Public Power District, et al.

Alice L. Mattice and Ronald M. Spritzer, Attorneys, United States Department of Justice, argued the causes, Washington, DC, for respondent. With them on the brief was Lois J. Schiffer, Assistant Attorney General, Washington, DC. Cannon M. Tolbert, pro hac vice, Washington, DC, entered an appearance.

Before: SILBERMAN, WILLIAMS and SENTELLE, Circuit Judges.

PER CURIAM:

I. Introduction

With its 1990 amendments to the Clean Air Act (the "Act"), Congress established a program for addressing acid rain, for the first time seeking to cut air pollution by means of marketable permits. See 42 U.S.C. §§ 7651-7651o; see generally Indianapolis Power & Light Co. v. U.S. EPA, 58 F.3d 643 (D.C.Cir. 1995). The basic idea of such a regulatory device is that if polluters...

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