N.Y. PUBLIC INTEREST RESEARCH GROUP, INC. v. JOHNSON

No. 03-40846(L), 03-40848(CON).

427 F.3d 172 (2005)

NEW YORK PUBLIC INTEREST RESEARCH GROUP, INC., Petitioner, v. Stephen L. JOHNSON, in his capacity as Administrator, United States Environmental Protection Agency Respondent.

United States Court of Appeals, Second Circuit.

Decided: October 24, 2005.


Attorney(s) appearing for the Case

Keri N. Powell, (Stephen E. Roady on the brief), Earthjustice, Washington, DC, for Petitioner New York Public Interest Research Group.

Daniel R. Dertke, Environmental Defense Section, Environmental & Natural Resources Division (Thomas L. Sansonetti, Assistant Attorney General; John C. Cruden, Deputy Assistant Attorney General, Environmental & Natural Resources Division, on the brief), Washington, DC, for Respondent Stephen L. Johnson, in his capacity as Administrator, United States Environmental Protection Agency.

Norman Spiegel, Chief, General Litigation Division, Office of the Attorney General (Eliot L. Spitzer, Attorney General of the State of New York, Robert H. Easton, Assistant Solicitor General, Gordon J. Johnson, on the brief), New York, NY, for Intervenor New York State Department of Environmental Conservation.

William M. Bumpers, (Stephen L. Braga, Debra J. Jezouit, on the brief), Baker Botts LLP, Washington, D.C., for Intervenor NRG Energy, Inc.

Before: CALABRESI, POOLER, and B.D. PARKER, Circuit Judges.


B.D. PARKER, JR., Circuit Judge.

This proceeding challenges the Environmental Protection Agency's ("EPA") refusal to object to Clean Air Act (the "Act") operating permits issued by the New York State Department of Environmental Conservation ("DEC") to the Huntley and Dunkirk power plants, two of New York State's largest coal-fired power generation plants. In May 2000, the DEC issued Notices of Violation ("NOV") to the plants documenting non-compliance with the Act...

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