LIGNITE ENERGY COUNCIL v. U.S. E.P.A.

Nos. 98-1525, 98-1529, 98-1533, 98-1541 & 98-1543.

198 F.3d 930 (1999)

LIGNITE ENERGY COUNCIL, et al., Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent Natural Gas Supply Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 1999.


Attorney(s) appearing for the Case

F. William Brownell and William F. Pedersen argued the cause for petitioners. With them on the briefs were Craig S. Harrison, Jeffrey A. Knight, Harold P. Quinn, Jr., Gene E. Godley, Scott H. Segal, Brian R. Bjella, and Charles S. Miller, Jr.

Heidi Heitkamp, Attorney General, State of North Dakota, and Carmen Miller, Assistant Attorney General, were on the brief for amicus curiae the State of North Dakota.

Wendy L. Blake, Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief was Lois J. Schiffer, Assistant Attorney General.

Armond M. Cohen was on the brief for amicus curiae Conservation Law Foundation, et al.

John H. Sharp, Michael R. Barr and Michael A. Conley were on the brief for intervenors.

Before: EDWARDS, Chief Judge, SILBERMAN and HENDERSON, Circuit Judges.


PER CURIAM:

Petitioners challenge EPA's new source performance standards for nitrogen oxides emissions from utility and industrial boilers. We conclude that EPA did not exceed its discretion under section 111 of the Clean Air Act in promulgating these standards, and therefore deny the petitions.

* * * *

Fossil-fuel fired steam generating units ("boilers") emit nitrogen oxides (NOx), air pollutants that can cause deleterious...

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