APPALACHIAN POWER COMPANY, et al., Petitioners,
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Public Service Electric & Gas Company, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 6, 1997.
Decided February 13, 1998.
Attorney(s) appearing for the Case
F. William Brownell, Washington, DC, argued the cause for petitioners Appalachian Power Company, et al., with whom Henry V. Nickel and Craig S. Harrison, Washington, DC, were on the briefs.
Thomas Sayre Llewellyn, Washington, DC, argued the cause for petitioner Arizona Public Service Company, with whom George Y. Sugiyama, Washington, DC, and Michael B. Wood, Phoenix, AZ, were on the briefs. Munford P. Hall II, Washington, DC, entered an appearance.
Scott J. Jordan and Wendy L. Blake, Attorneys, United States Department of Justice, Washington, DC, argued the cause for respondent, with whom Lois J. Schiffer, Assistant Attorney General, Washington, DC, and Dwight C. Alpern, Attorney, Environmental Protection Agency, were on the brief.
Richard E. Ayres, Washington, DC, John H. Sharp, and John H. Cheatham III were on the brief for intervenor Natural Gas Supply Association, et al.
Harold P. Quinn, Jr., Washington, DC, was on the brief for intervenor National Mining Association.
Andrew J. Gershon and J. Jared Snyder, Assistant Attorneys General, State of New York, New York City, Brian J. Comerford, Assistant Attorney General, State of Connecticut, Farmington, CT, Edward G. Bohlen, Assistant Attorney General, Commonwealth of Massachusetts, Boston, MA, Jeffrey A. Meyers, Assistant Attorney General, State of New Hampshire, Concord, NH, and David Rocchio, Assistant Attorney General, State of Vermont, Montpelier, VT, were on the brief for amici curiae New York, Connecticut, Massachusetts, New Hampshire, and Vermont. Lisa M. Burianek, Assistant Attorney General, State of New York, Albany, NY, entered an appearance.
Before: WALD, HENDERSON, and GARLAND, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed PER CURIAM.
PER CURIAM1:
This case revisits Title IV of the Clean Air Act ("the Act"), which, inter alia, directs the Environmental Protection Agency ("EPA") to promulgate limits on the emission of nitrogen oxides from various electric utility boilers. In Alabama Power Co. v. EPA,40 F.3d 450 (D.C.Cir.1994), we...
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