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STAR ENTERPRISE v. U.S. E.P.A.

No. 98-6321.

235 F.3d 139 (2000)

STAR ENTERPRISE; Texaco Inc., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Third Circuit.

Filed: December 7, 2000.

As Amended February 20, 2001.

Attorney(s) appearing for the Case

William H. Lewis, Jr., Esquire Michael W. Steinberg, Esquire (Argued), Morgan, Lewis & Bockius LLP, 1800 M Street, N.W. Washington, D.C. 20036-5869, Jeffrey N. Hurwitz, Esquire Morgan, Lewis & Bockius LLP, 1701 Market Street Philadelphia, PA 19103-2921, Counsel for Petitioners.

Lois J. Schiffer, Assistant Attorney General, Norman L. Rave, Esquire (Argued), United States Department of Justice Environmental Defense Section P.O. Box 23986 Washington, DC 20026-3986, Diane McConkey, Esquire Office of General Counsel United States, Environmental Protection Agency, Charles McPhedran Senior Assistant Regional Counsel United States Environmental Protection Agency, Counsel for Respondent.

Before: ROTH and RENDELL, Circuit Judges POLLAK, District Judge.

OPINION OF THE COURT

ROTH, Circuit Judge.

The United States Environmental Protection Agency (EPA) determined that the "Standards of Performance for Petroleum Refineries," promulgated under the Clean Air Act and codified at 40 C.F.R. §§ 60.100-60.109 (1999) (Subpart J), applied to two stationary gas turbines located in an electrical power plant complex in Delaware City, Delaware. The petitioners challenge this determination. Because we conclude...

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