CENTER FOR ENERGY AND ECONOMIC DEVELOPMENT, Petitioner
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent
Phelps Dodge Corporation, et al., Intervenors
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 8, 2004.
Decided February 18, 2005.
Attorney(s) appearing for the Case
Paul M. Seby argued the cause for petitioner. With him on the briefs was Peter S. Glaser. Adam T. DeVoe and Sean M. Sullivan entered appearances.
Kenneth C. Amaditz, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were John C. Cruden, Deputy Assistant Attorney General, and Jan M. Tierney, Attorney, U.S. Environmental Protection Agency.
Joseph P. Mikitish, Assistant Attorney General, Attorney General's Office of State of Arizona, argued the cause for amici curiae State of Arizona, et al. in support of respondent. With him on the brief were Terry Goddard, Attorney General, Bill Lockyer, Attorney General, Attorney General's Office of State of California, Manel M. Medeiros, Solicitor General, Lisa Madigan, Attorney General, Attorney General's Office of State of Illinois, Gary Feinerman, Solicitor General, Patricia Madrid, Attorney General, Attorney General, Attorney General's Office of State of New Mexico, Tracy M. Hughes, Special Assistant Attorney General, Mark Shurtleff, Attorney General, Attorney General's Office of State of Utah, Fred Nelson, Assistant Attorney General, Patrick J. Crank, Attorney General, Attorney General's Office of State of Wyoming, and Jay Jerde, Senior Assistant Attorney General. Charles F. Noble, Attorney, New Mexico Environment Department, entered an appearance.
Chris S. Leason, Vickie L. Patton, and Thomas A. Bloomfield were on the brief for intervenors Phelps Dodge Corporation, et al.
Before: EDWARDS and HENDERSON, Circuit Judges, and WILLIAMS, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
STEPHEN F. WILLIAMS, Senior Circuit Judge.
Haze obscuring the Grand Canyon and various other national parks and wilderness areas in the west is a multi-state problem. In the interests of developing a solution, the Environmental Protection Agency in 1999 adopted a Regional Haze Rule ("Haze Rule"), 40 C.F.R. §§ 51.308-309. Section 308 required states to impose best available retrofit technology ("BART") on so-called "BART-eligible sources," a specified class...
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