TENNESSEE VALLEY AUTHORITY, Petitioner,
v.
Christine Todd WHITMAN, Administrator, United States Environmental Protection Agency, United States Environmental Protection Agency, Respondents.
Alabama Power Company, Petitioner,
v.
Christine Todd Whitman, Administrator, United States Environmental Protection Agency, United States Environmental Protection Agency, Respondents.
Tennessee Valley Public Power Association, Memphis Light, Gas & Water Division, et al., Petitioners,
v.
Christine Todd Whitman, Administrator, United States Environmental Protection Agency, United States Environmental Protection Agency, Respondents.
Duke Energy Corporation, Petitioner,
v.
Christine Todd Whitman, Administrator, United States Environmental Protection Agency, United States Environmental Protection Agency, Respondents.
United States Court of Appeals, Eleventh Circuit.https://leagle.com/images/logo.png
June 24, 2003.
June 24, 2003.
Attorney(s) appearing for the Case
Melvin Scott Schulze, Benjamin Franklin Johnson, IV, Hunton & Williams, Atlanta, GA, James E. Fox, Robert Chester Glinski, Harriet A. Cooper, Gregory R. Signer, Ronald E. Klipsch, Jim Hall, TVA, Knoxville, TN, F. William Brownell, Makram B. Jaber, Henry V. Nickel, Hunton & Williams, Washington, DC, James C. Cope, Murfree, Cope, Hudson & Scarlett, Murfreesboro, TN, Henry C. Tharpe, Jr., Kinney, Kemp, Pickell, Sponcler & Joiner, Dalton, GA, Garry Stephen Rice, Duke Energy Corp., T. Thomas Cottingham, Charlotte, NC, Karl R. Moor, Southern Co., Washington, DC, Steven G. McKinney, Michael D. Freeman, Lyle D. Larson, R. Bruce Barze, Jr., Balch & Bingham, LLP, Birmingham, AL, J. Robin Rogers, Carlos Clifford Smith, Mark Windhorn Smith, Timothy H. Nichols, Strang, Fletcher, Carriger, Walker, Hodge & Smith, Chattanooga, TN, J. Maxwell Williams, Memphis Light, Gas & Water Div., Memphis, TN, for Petitioners.
David Gualtieri, J. Steven Rogers, Environmental and Natural Resources Div., Environmental Defense Section, U.S. Dept. of Justice, Washington, DC, Angelia Souder Blackwell, Atlanta Fed. Ctr., Atlanta, GA, for Respondents.
David R. Wooley, Young, Sommer, Ward, Ritzenbert, Wooley, Baker & Moore, Albany, NY, for Amicus Curiae.
Before TJOFLAT, BARKETT and WILSON, Circuit Judges.
United States Court of Appeals, Eleventh Circuit.
TJOFLAT, Circuit Judge:
The Environmental Protection Agency ("EPA") concluded that the Tennessee Valley Authority ("TVA") violated the Clean Air Act ("CAA")1 when it undertook fourteen rehabilitation projects at nine coal-fired electric power plants without permits. The EPA then issued an administrative compliance order ("ACO"), which required that TVA undertake several costly and burdensome compliance initiatives. TVA contended that the...
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