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GRAND CANYON TRUST v. TUCSON ELEC. POWER CO.

No. 03-15584.

382 F.3d 1016 (2004)

GRAND CANYON TRUST, Plaintiff-Appellant, v. TUCSON ELECTRIC POWER COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 2004.

Attorney(s) appearing for the Case

Reed Zars, Laramie, WY, for the plaintiff-appellant.

Henry V. Nickel, Hunton & Williams, Washington, D.C., for the defendant-appellee.

Before T.G. NELSON, W. FLETCHER, and BERZON, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge.

In December 1977, Tucson Electric Power Company received a permit from the Environmental Protection Agency ("EPA") to build a coal-powered electric generating plant near the town of Springerville, Arizona (the "Springerville plant," or "Springerville"). Twenty-four years later, the Grand Canyon Trust ("Grand Canyon") brought this action against Tucson Electric to enforce the federal Clean Air Act. Grand Canyon alleges that Tucson...

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