State of WEST VIRGINIA, Petitioner,
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent.
State of New York, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 15, 2003.
Decided April 9, 2004.
Attorney(s) appearing for the Case
Mary E. Welsh, Assistant Attorney General, Illinois Attorney General's Office, argued the cause for petitioners State of Illinois and West Virginia. With her on the briefs were Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, and Thomas H. Zerbe, Senior Counsel, West Virginia Attorney General's Office.
Norman W. Fichthorn argued the cause for petitioners Utility Air Regulatory Group, et al. on Common Issues. With him on the briefs were David M. Flannery, Gale R. Lea, Kathy G. Beckett, Mel S. Schulze, Steven G. McKinney, C. Grady Moore, III, Philip S. Gidiere, III, Daniel S. Reinhardt, Margaret C. Campbell, and Gary R. Sheehan, Jr. Andrea B. Field entered an appearance.
C. Grady Moore, III, argued the cause for petitioners Alabama Power Company, et al. on State-Specific Issues With him on the briefs were Steven G. McKinney, P. Stephen Gidiere, III, Daniel S. Reinhardt, Margaret Claiborne Campbell, Gary R. Sheehan, Jr., David M. Flannery, Gale R. Lea, and Kathy G. Beckett.
Norman L. Rave, Jr., Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Howard J. Hoffman and Dwight C. Alpern, Attorneys, Environmental Protection Agency.
William L. Pardee, Assistant Attorney General, Commonwealth of Massachusetts Attorney General's Office, argued the cause for intervenors States of Massachusetts, et al. With him on the brief were Thomas F. Reilly, Attorney General, Richard Blumenthal, Attorney General, Connecticut Attorney General's Office, Eliot Spitzer, Attorney General, New York State Attorney General's Office, J. Jared Snyder, Assistant Attorney General, G. Steven Rowe, Attorney General, Maine Attorney General's Office, Gerald D. Reid, Assistant Attorney General, J. Joseph Curran, Jr., Attorney General, Maryland Attorney General's Office, Kathy M. Kinsey, Assistant Attorney General, Peter C. Harvey, Attorney General, New Jersey Attorney General's Office, Howard Geduldig, Deputy Attorney General, Patrick C. Lynch, Attorney General, Rhode Island Attorney General's Office, Tricia Jedele, Special Assistant Attorney General, Peter W. Heed, Attorney General, New Hampshire Attorney General's Office, Maureen D. Smith, Senior Assistant Attorney General, Kristen Campfield, William H. Sorrell, Attorney General, Vermont Attorney General's Office, Eric Titrud, Assistant Attorney General, and Kevin Leske, Special Assistant Attorney General. John M. Looney, Jr., Assistant Attorney General, Connecticut Attorney General's Office, entered an appearance.
Before: GINSBURG, Chief Judge, and SENTELLE and ROGERS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SENTELLE.
SENTELLE, Circuit Judge:
This is a petition for review of the Environmental Protection Agency's ("EPA" or "Agency") response to this Court's remands in Appalachian Power Co. v. EPA,249 F.3d 1032 (D.C.Cir.2001) ("Appalachian I"), and Appalachian Power Co. v. EPA,251 F.3d 1026 (D.C.Cir.2001) ("Appalachian II
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