STATE OF NEW YORK, Petitioner,
and
Commonwealth of Pennsylvania, et al., Intervenors-Petitioners,
v.
ENVIRONMENTAL PROTECTION AGENCY and Carol M. Browner, Respondents,
and
State of Illinois, et al., Intervenors-Respondents.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued October 31, 1997.
Decided January 12, 1998.
Attorney(s) appearing for the Case
Dennis C. Vacco, J. Jared Snyder (argued), New York State Department of Law, Environmental Protection Bureau, Albany, NY, for Petitioner.
Carol M. Browner, Environmental Protection Agency, Karen L. Egbert (argued), Department of Justice, Land & Natural Resources Division, Washington, DC, for Environmental Protection Agency and Carol M. Browner.
A. Benjamin Goldgar (argued), Office of the Attorney General, Civil Appeals Division, Chicago, IL, Robert Sharpe, Bonnie R. Sawyer, Illinois Environmental Protection Agency, Springfield, IL, for State of Illinois.
Anita Kimmell, Office of the Attorney General, Indianapolis, IN, for State of Indiana.
John C. Scherbarth, Office of the Attorney General, Lansing, MI, for State of Michigan.
Frank D. Remington, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for State of Wisconsin.
Katherine D. Hodge, Jennifer M. Crain, Hodge & Dwyer, Whitney W. Rosen, Illinois Environmental Regulatory Group, Springfield, IL, for Illinois State Chamber of Commerce.
Henry V. Nickel, Norman W. Fichthorn, Andrea Bear Field, Lauren E. Freeman, Hunton & Williams, for Carolina Power & Light Company.
Norman W. Fichthorn, Andrea Bear Field, Lauren E. Freeman, Hunton & Williams, for Commonwealth Edison Company, Northern Indiana Public Service Company, Wisconsin Electric Power Company.
Norman W. Fichthorn, Lauren E. Freeman, Hunton & Williams, Washington, DC, for Detroit Edison Company and Duquesne Light Company.
M. Dukes Pepper, Jr., Joyce E. Epps, Commonwealth of Pennsylvania, Department of Environmental Protection, Harrisburg, PA, for Commonwealth of Pennsylvania, Department of Environmental Protection.
Jeffrey L. Amestoy, John H. Hasen, Office of the Attorney General, Montpelier, VT, for State of Vermont.
Susan Hedman, Daniel W. Rosenblum, Environmental Law & Policy Center, Chicago, IL, for Amicus Curiae.
Before POSNER, Chief Judge, and ROVNER and DIANE P. WOOD, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
POSNER, Chief Judge.
Before us is a petition to review a final rule issued by the Environmental Protection Agency granting the four states that abut Lake Michigan (Illinois, Indiana, Michigan, and Wisconsin) an exemption from limitations that the Clean Air Act, 42 U.S.C. §§ 7401 et seq., requires states to impose on the emission of nitrogen oxides. Approval of a Section 182(f) Exemption, 61 Fed.Reg. 2428 (1996), codified in 40 C.F.R. §...
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