SOUTHWESTERN PENNSYLVANIA GROWTH ALLIANCE, Petitioner,
v.
Carol BROWNER, Administrator of the U.S. Environmental Protection Agency, and The United States Environmental Protection Agency, Respondents, Advanced Manufacturing Network, Intervenor in support of petitioner.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued March 11, 1997.
Decided July 28, 1997.
Attorney(s) appearing for the Case
Barry M. Hartman (argued), Kenneth S. Komoroski, John P. Englert, William J. Labovitz, Kirkpatrick & Lockhart LLP, Pittsburgh, PA, for Petitioner.
Lois J. Schiffer, Assistant Attorney General, Environment and Natural Resources Division, Greer S. Goldman (argued), Trial Attorney, United States Department of Justice, Environmental Defense Section, Washington, DC, for Respondents.
Blair S. McMillin, Harley N. Trice II (argued), Paul S. Kline, Reed Smith Shaw & McClay, Pittsburgh, PA, for Intervenor.
John R. Serpa, Asst. County Solicitor, Kerry A. Fraas, County Solicitor, Pittsburgh, PA, for Amicus Curiae County of Allegheny, Pennsylvania.
Nick Francalancia, Beaver, PA, for Amicus Curiae Beaver County Corporation for Economic Development.
Paul J. Elias, Assistant County Solicitor, Greensburg, PA, for Amicus Curiae Westmoreland County, Pennsylvania.
Glenn R. Toothman III, Toothman & Toothman, Waynesburg, PA, for Amicus Curiae Greene County, Pennsylvania.
Paul S. Kline, Pittsburgh, PA, for Amici Curiae Armstrong County, Pennsylvania, Lawrence County, Pennsylvania and Butler County, Pennsylvania.
McCune & Vreeland, Solicitor, Washington, PA, Jill A. Devine, Assistant Solicitor, Washington, PA, for Amicus Curiae Washington County, Pennsylvania.
Clifford B. Levine, Thorp, Reed & Armstrong, Pittsburgh, PA, for Amicus Curiae Port of Pittsburgh Commission.
Howard I. Fox, Sierra Club Legal Defense Fund, Washington, DC, Joseph Ortis Minott, Delaware Valley Citizens' Council for Clean Air, Philadelphia, PA, for Amicus Curiae Delaware Valley Citizens' Council for Clean Air.
Before: BECKER, SCIRICA, and ALITO, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
ALITO, Circuit Judge:
The Southwestern Pennsylvania Growth Alliance ("SWPGA") has petitioned for review of a final rule of the Environmental Protection Agency ("EPA"), 61 Fed.Reg. 19,193 (May 1, 1996). In this rule, the EPA denied the Commonwealth of Pennsylvania's request that the EPA redesignate the Pittsburgh-Beaver Valley nonattainment area (the "Area") to attainment status for ozone, pursuant to the Clean Air Act, 42 U.S.C. §...
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