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UTILITY AIR REGULATORY GROUP v. E.P.A.

Nos. 05-1353, 05-1354, 05-1357.

471 F.3d 1333 (2006)

UTILITY AIR REGULATORY GROUP, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 12, 2006.

Attorney(s) appearing for the Case

Peter S. Glaser argued the cause for industry petitioners Utility Air Regulatory Group in Case No. 05-1353 and Center for Energy and Economic Development in Case No. 05-1357. With him on the briefs were Paul M. Seby, Norman W. Fichthorn, Allison D. Wood, and Mel S. Schulze.

Ann Brewster Weeks argued the cause for environmental petitioner National Parks Conservation Association in Case No. 05-1354. With her on the briefs were Jonathan F. Lewis and David W. Marshall.

Pamela S. Tonglao and Ammie Roseman-Orr, Attorneys, U.S. Department of Justice, argued the cause for respondent. With them on the brief were John C. Cruden, Deputy Assistant Attorney General, and M. Lea Anderson, Attorney, U.S. Environmental Protection Agency.

Peter S. Glaser, Paul M. Seby, Norman W. Fichthorn, Allison D. Wood, and Mel S. Schulze were on the brief for industry intervenors Utility Air Regulatory Group and Center for Energy and Economic Development in support of respondent in Case No. 05-1354.

Before: GARLAND and BROWN, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge.

In the eastern United States, the average visual range in most national parks and wilderness areas designated as Class I Federal areas, see 42 U.S.C. § 7472(a), is less than 30 kilometers, about 20 percent of what it would be under natural conditions. See National Research Council, Protecting Visibility in National Parks and Wilderness Areas 1 (1993). In order...

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