LAFLEUR v. WHITMAN

Docket No. 01-4126.

300 F.3d 256 (2002)

Robert C. LaFLEUR, President, Spectra Environmental Group, Inc. on behalf of Kathleen and Campbell House, in their individual capacities and as trustees of Campbell Plaza Shopping Center and Susan Cohen, Petitioners, v. Christine Todd WHITMAN, in her capacity as Administrator of the United States Environmental Protection Agency and United States Environmental Protection Agency, Respondents, Pencor-Masada Oxynol, LLC, Intervenor.

United States Court of Appeals, Second Circuit.

Decided: July 31, 2002.


Attorney(s) appearing for the Case

Kevin C. Murphy, Devorsetz, Stinziano, Gilberti, Heintz & Smith, Syracuse, New York (Kevin J. Brown and Gregory M. Brown, on the brief), for Petitioners.

Thomas L. Sansonetti, Assistant Attorney General, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C. (Daniel M. Flores, Environmental Defense Section, United States Department of Justice, and Malcolm Woolf, Office of General Counsel, United States Environmental Protection Agency, on the brief), for Respondents.

Jonathan S. Martel, Arnold & Porter, New York, New York (Michael B. Gerrard, Monica Jahan Bose, Aruna K. Boppana, on the brief), for Intervenor.

Before OAKES and KATZMANN, Circuit Judges, and MURTHA, Chief District Judge.


KATZMANN, Circuit Judge.

Intervenor Pencor-Masada Oxynol, L.L.C. ("Masada") seeks to construct and operate a facility in Middletown, New York, that promises to convert municipal waste and sewage sludge into fuel-grade ethanol and carbon dioxide ("the facility" or "the Masada facility."). Petitioners Robert C. LaFleur and Susan Cohen bring the instant petition under provisions of the Clean Air Act ("CAA"), see 42 U.S.C. § 7401 et seq., seeking review...

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