COMMONWEALTH OF VIRGINIA, Petitioner,
v.
Carol M. BROWNER, Administrator, U.S. Environmental Protection Agency; Environmental Protection Agency, Respondents,
American Lung Association of Northern Virginia, and American Lung Association of Virginia; Clean Water Action; Friends of the Rivers of Virginia; the James River Association; Mountain Heritage Alliance; Valley Concerned Citizens; Virginia Chapter of the Sierra Club; Virginia Citizen Action; Virginia Consortium For Clean Air; Virginia Council, Trout Unlimited; Environmental Defense Fund, Incorporated; Kathleen F. Derricott; Clifton E. Derricott; Andre L. Brown; Caleata Johnson; Gwen Hedgepath; Audubon Naturalist Society, Intervenors.
Virginia Manufacturers Association; Washington Legal Foundation; Ogden Martin Systems of Lancaster, Incorporated; Ogden Martin Systems of Alexandria, Incorporated; National Independent Energy Producers; Ogden Martin Systems of Montgomery, Incorporated; Ogden Martin Systems of Fairfax, Incorporated; Chesapeake Bay Foundation, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued December 4, 1995.
Decided March 26, 1996.
Attorney(s) appearing for the Case
ARGUED: Mary Jo Leugers, Assistant Attorney General, Richmond, Virginia, for Petitioner. David Jay Kaplan, Environmental Defense Section, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for Respondents. Katherine E. Slaughter, Southern Environmental Law Center, Charlottesville, Virginia, for Intervenors. ON BRIEF: James S. Gilmore, III, Attorney General, John Paul Woodley, Jr., Deputy Attorney General, Roger L. Chaffe, Senior Assistant Attorney General, John R. Butcher, Assistant Attorney General, Richmond, Virginia; John P. Schmitz, Thomas Dilenge, Mayer, Brown & Platt, Washington, D.C., for Petitioner. Lois J. Schiffer, Assistant Attorney General, Ronald Spritzer, Robin M. Richardson, Environmental Defense Section, Environment & Natural Resources Division, United States Department Of Justice, Washington, D.C.; Michael W. Thrift, Office of General Counsel, United States Environmental Protection Agency, Washington, D.C.; Cecil A. Rodrigues, Office of Regional Counsel, United States Environmental Protection Agency, Philadelphia, Pennsylvania, for Respondents. Deborah Murray Wassenaar, Southern Environmental Law Center, Charlottesville, Virginia; David S. Bailey, Lawyers Committee For Civil Rights Under Law, Washington, D.C., for Intervenors. Carol C. Raper, Vice President and General Counsel, Virginia Manufacturers Association, Richmond, Virginia; George A. Somerville, Mays & Valentine, Richmond, Virginia, for Amicus Curiae Virginia Manufacturers Association. Daniel J. Popeo, David A. Price, Washington Legal Foundation, Washington, D.C., for Amicus Curiae Washington Legal Foundation. Deborah E. Jennings, Michael C. Carter, Norman L. Rave, Piper & Marbury, Baltimore, Maryland, for Amici Curiae National Independent Energy Producers, et al. Roy A. Hoagland, Virginia Assistant Director/Staff Attorney, Chesapeake Bay Foundation, Inc., Richmond, Virginia, for Amicus Curiae Chesapeake Bay Foundation.
Before MURNAGHAN and M. BLANE MICHAEL, Circuit Judges, and JAMES H. MICHAEL, Jr., Senior United States District Judge for the Western District of Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Petition for review denied by published opinion. Circuit Judge M. BLANE MICHAEL wrote the opinion, in which Judge MURNAGHAN and Senior District Judge JAMES H. MICHAEL, Jr., joined.
OPINION
M. BLANE MICHAEL, Circuit Judge:
The Commonwealth of Virginia petitions for review of the Environmental Protection Agency's final action disapproving Virginia's proposed program for issuing air pollution permits. Specifically, Virginia challenges EPA's finding...
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