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SIERRA CLUB v. WHITMAN

Nos. 01-5123 & 01-5299.

285 F.3d 63 (2002)

SIERRA CLUB and Missouri Coalition for the Environment, Appellants, v. Christine Todd WHITMAN, Administrator, EPA, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 5, 2002.

Attorney(s) appearing for the Case

Douglas R. Williams argued the cause for appellants. With him on the briefs were Lewis C. Green and Joseph Mendelson III.

Ronald M. Spritzer, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were John C. Cruden, Assistant Attorney General, Greer S. Goldman and Eileen T. McDonough, Attorneys. Kathryn E. Kovacs, Attorney, entered an appearance.

James E. Ryan, Attorney General, and A. Benjamin Goldgar, Assistant Attorney General, State of Illinois; Jeremiah W. (Jay) Nixon, Attorney General, State of Missouri, and James R. Layton, State Solicitor, were on the brief for appellees State of Illinois and State of Missouri.

Bradley S. Hiles was on the brief for appellees Associated Industries of Missouri, Inc., et al.

Before: HENDERSON, RANDOLPH, and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The complicated procedural history of these consolidated appeals from the district court masks the simplicity of the three issues presented. In light of the complexities, a summary of these issues would serve no useful purpose at this point. We will begin instead with an abbreviated account of how the cases reached this court.

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