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SUR CONTRA LA CONTAMINACION v. E.P.A.

No. 99-1855.

202 F.3d 443 (2000)

SUR CONTRA LA CONTAMINACION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, and AES Puerto Rico L.P., Intervenor.

United States Court of Appeals, First Circuit.

Decided February 4, 2000.

Attorney(s) appearing for the Case

Pedro J. Varela for petitioner.

Michele L. Walter, with whom Lois J. Schiffer, Assistant Attorney General, Environment and Natural Resources Division, Alice L. Mattice, Attorney, Environmental Defense Section, U.S. Department of Justice, M. Lea Anderson, Attorney, Office of General Counsel, U.S. Environmental Protection Agency, and Joseph A. Siegel, Office of Regional Counsel, U.S. Environmental Protection Agency, Region II, were on brief, for respondent.

Deborah E. Jennings, with whom Monica D. Gibson and Piper Marbury Rudnick & Wolfe LLP were on brief, for intervenor.

Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and STAHL, Circuit Judge.

LYNCH, Circuit Judge.

Sur Contra la Contaminación (SURCCo), a community organization made up of residents of Guayama, Puerto Rico, challenges a Prevention of Significant Deterioration (PSD) permit, issued by the Environmental Protection Agency, that authorizes construction of a power plant in the ward of Jobos within that municipality. The group contends that the Agency's decision to grant the permit was arbitrary and capricious and in violation of the Executive...

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