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SIERRA CLUB v. U.S. E.P.A.

No. 01-60537.

314 F.3d 735 (2002)

SIERRA CLUB, Clean Air and Water Inc.; Community In-Powerment Development Association, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Christine T. Whitman, Administrator, United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Fifth Circuit.

December 11, 2002.

Attorney(s) appearing for the Case

Marc Stephen Chytilo (argued), Santa Barbara, CA, Adam Lawrence Babich, Tulane Law Clinic, New Orleans, LA, for Petitioners.

Christopher Boyd Peak (argued), U.S. Dept. of Justice, Environmental Defense Section, Christine T. Whitman, U.S. E.P.A., Washington, DC, Manisha Dilip Patel, U.S. E.P.A., Dallas, TX, for Respondents.

F. Walter Conrad, Jr., Jacob Scott Janoe, Matthew Lynn Kuryla, Baker Botts, Houston, TX, David Andrew Savage, Baker Botts, Austin, TX, for E.I. Dupont De Nemours & Co., Entergy Gulf States Inc., Exxonmobil Oil Corp. and Motiva Enterprises, Intervenors.

John Stephen Carow, Austin, TX, for State of Texas and Texas Natural Resource Conservation Com'n, Intervenors.

Patricia T. Barmeyer, L. Joseph Loveland, Randall J. Butterfield, King & Spalding, Atlanta, GA, for State of Georgia, Amicus Curiae.

Donald James Trahan, Louisiana Dept. of Environmental Quality, Legal Dept., Baton Rouge, LA, for State of Louisiana, Amicus Curiae.

Before DeMOSS, STEWART and DENNIS, Circuit Judges.

DeMOSS, Circuit Judge:

Sierra Club, Inc., Clean Air and Water, Inc., and Community In-Powerment Association (collectively the "Petitioners"), are appealing the Environmental Protection Agency's (EPA) final action at 66 Fed.Reg. 26,914 (May 15, 2001) (codified at 40 C.F.R. pt. 52), which they contend contravenes the Clean Air Act (CAA), 42 U.S.C. §§ 7401-7671q. The final action approved the State Implementation Plan (SIP) submitted by the State of Texas for...

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