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UTILITY AIR REGULATORY GROUP v. E.P.A.

No. 01-1204.

320 F.3d 272 (2003)

UTILITY AIR REGULATORY GROUP, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Clean Air Implementation Project, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 28, 2003.

Attorney(s) appearing for the Case

Lauren E. Freeman argued the cause for the petitioner. Mel S. Schulze was on brief.

Christopher S. Vaden, Attorney, United States Department of Justice, argued the cause for the respondent. Gregory B. Foote and Kerry E. Rodgers, Attorneys, United States Environmental Protection Agency, were on brief. Kent E. Hanson, Attorney, United States Department of Justice, entered an appearance.

William H. Lewis, Jr., and Michael A. McCord were on brief for the intervenor.

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

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The petitioner, the Utility Air Regulatory Group (UARG), a trade association whose members include inter alia individual electric utilities, seeks review and vacatur of the interpretation given by the Environmental Protection Agency (EPA or Agency) to its State Operating Permit Program regulations, 40 C.F.R. § 70.6(c)(1), and

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