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DUQUESNE LIGHT CO. v. U.S. E.P.A.

No. 98-3071.

166 F.3d 609 (1999)

DUQUESNE LIGHT CO., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Commonwealth of Pennsylvania Department of Environmental Protection, Intervenor-Respondent.

United States Court of Appeals, Third Circuit.

Decided February 3, 1999.

Attorney(s) appearing for the Case

John P. Proctor, Margaret A. Hill, Andrew H. Leskovsek, Washington, D.C., for Petitioner.

Lois J. Scuiffer, Assistant Attorney General, Environmental Defense Section, Stephen R. Herm, United States Department of Justice, Environmental Defense Section, Washington, D.C., for Respondent.

Paul A. Tufano, Terry R. Bossert, M. Dukes Pepper, Jr., Joyce E. Epps, Commonwealth of Pennsylvania Department of Environmental Protection, for Intervenor-Respondent.

Before: SLOVITER, McKEE and RENDELL, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) January 25, 1999.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Before us is a Petition for Review filed by Duquesne Light Company, a Pennsylvania investor-owned electric utility in the Greater Pittsburgh area ("Duquesne"), of a final rule of the United States Environmental Protection Agency ("EPA") approving, pursuant to section 110 of the Clean Air Act, 42 U.S.C. § 7410, a revision to the New Source...

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