MICHIGAN v. E.P.A.

Nos. 99-1151 through 99-1155.

268 F.3d 1075 (2001)

State of MICHIGAN, Michigan Department of Environmental Quality, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Navajo Nation, Intervenor Consolidated with 99-1152, 99-1153, 99-1154, 99-1155

United States Court of Appeals, District of Columbia Circuit.

Decided October 30, 2001.


Attorney(s) appearing for the Case

Henry V. Nickel argued the cause for petitioners. With him on the briefs were Lauren E. Freeman, David S. Harlow, Edmund H. Kendrick, Brian J. Renaud, Susan M. McMichael, Jennifer M. Granholm, Attorney General, State of Michigan, and John Fordell Leone, Assistant Attorney General. Richard S. Wasserstrom entered an appearance.

Cynthia A. Drew, Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were John C. Cruden, Acting Assistant Attorney General, Andrew J. Doyle, Attorney, Anthony F. Guadagno, Attorney, Environmental Protection Agency, and Michael W. Thrift, Attorney. Lois J. Schiffer, Assistant Attorney General, U.S. Department of Justice, and Christopher S. Vaden, Attorney, entered appearances.

Jill E. Grant was on the brief for intervenor Navajo Nation.

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


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

State of Michigan, et al. (hereinafter petitioners), petition this Court for review of the Environmental Protection Agency's ("EPA") 1999 revisions to the Part 71 federal operating permit program rule, 64 Fed.Reg. 8247 (Feb. 19, 1999) (codified at 40 C.F.R. pt. 71).1 Petitioners argue that the EPA has...

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