APPALACHIAN POWER CO. v. E.P.A.

Nos. 99-1268, 99-1270, 99-1274, 99-1276, 99-1277, 99-1279 to 99-1281, 99-1286, 99-1287, 00-1169, 00-1187, 00-1189 to 00-1192 and 00-1194.

251 F.3d 1026 (2001)

APPALACHIAN POWER COMPANY, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Commonwealth of Pennsylvania, Department of Environmental Protection, et al. Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 8, 2001.


Attorney(s) appearing for the Case

Norman W. Fichthorn argued the cause for the Industry Petitioners on the Electric Generating Facility Issues. With him on the briefs were Andrea Bear Field, James D. Elliott, Mel S. Schulze, David M. Flannery, Kathy G. Beckett, Gale R. Lea, Scott D. Goldman, and Jeff F. Cherry. Kyle W. Danish entered an appearance.

Marc D. Bernstein, Assistant Attorney General, State of North Carolina, argued the cause for the Petitioning States. With him on the briefs were Michael F. Easley, Attorney General, James C. Gulick and J. Allen Jernigan, Special Deputy Attorneys General, James P. Longest, Jr. and Amy R. Gillespie, Assistant Attorneys General, Betty D. Montgomery, Attorney General, State of Ohio, Bryan F. Zima, Assistant Attorney General, Bill Pryor, Attorney General, State of Alabama, Tommy E. Bryan and Prudence A. Cash-Brown, Assistant Attorneys General, Jennifer Granholm, Attorney General, State of Michigan, Alan F. Hoffman, Assistant Attorney General, Charles M. Condon, Attorney General, State of South Carolina, Samuel L. Finklea and Thomas G. Eppink, Attorneys, Mark L. Earley, Attorney General, Commonwealth of Virginia, Roger L. Chaffe, Senior Assistant Attorney General, Stewart T. Leeth, Assistant Attorney General, and Thomas H. Zerbe, Senior Counsel, State of West Virginia.

Theodore L. Garrett argued the cause for the Split State Petitioners Kansas City Power & Light Company, et al. With him on the briefs were Michael D. Hockley and Terry W. Schackman.

Scott H. Segal argued the cause for the Non-Electric Generating/Industrial Petitioners. With him on the briefs were Lisa M. Jaeger, Charles S. Carter, Deborah Ann Hotel, Kathy G. Beckett and Scott Goldman.

Andrew J. Doyle, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Lois J. Schiffer, Assistant Attorney General, and Sara Schneeberg, Attorney, U.S. Environmental Protection Agency.

Robert A. Reiley and M. Dukes Pepper, Jr. were on the brief of Intervenor Commonwealth of Pennsylvania. Thomas Y. Au entered an appearance.

Before: EDWARDS, Chief Judge, WILLIAMS and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

This case involves multiple challenges to "Technical Amendments" to the "NOx SIP Call" rulemaking at issue in Michigan v. EPA, 213 F.3d 663 (D.C.Cir.2000), cert. denied, ___ U.S. ___, 121 S.Ct. 1225, 149 L.Ed.2d 135 (2001). At issue here are revisions to the database used to establish state "budgets" for emissions of nitrogen oxide...

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