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LEGAL ENVIRONMENTAL ASSISTANCE v. U.S. E.P.A.

Nos. 03-16439, 03-16440.

400 F.3d 1278 (2005)

LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION, INC., Petitioner-Appellant, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent-Appellee, State of Alabama ex rel. Troy King, Attorney General of the State of Alabama; and Alabama Department of Environmental Management, Intervenors. Legal Environmental Assistance Foundation, Inc., Petitioner-Appellant, v. United States Environmental Protection Agency, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 23, 2005.

Attorney(s) appearing for the Case

Scott Allen Randolph, David A. Ludder, LEAF, Tallahassee, FL, for Petitioner-Appellant.

Lily N. Chinn, Environment & Nat. Resources Div., Washington, DC, for Respondent-Appellee.

Thomas Leon Johnston, Off. of Gen. Counsel/Ala. Dept. of Env. Mgmt., Montgomery, AL, for Intervenor.

Before ANDERSON, DUBINA and BLACK, Circuit Judges.

DUBINA, Circuit Judge:

The Legal Environmental Assistance Foundation, Inc. ("LEAF"), petitions the court to review the United States Environmental Protection Agency's ("EPA") decisions not to take any enforcement action against Florida's Title V Clean Air Act program and Alabama's Title V Clean Air Act program.1 These two cases are factually similar and procedurally identical. Thus, we sua sponte consolidate the appeals. Fed. R...

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