Attorney(s) appearing for the Case
James S. Pew argued the cause for Environmental Petitioners. With him on the briefs were John D. Walke, Jon Devine, Scott Edwards, Jon A. Mueller, Ann Brewster Weeks, Jonathan F. Lewis, Brad Kuster.
Vanya S. Hogen, Colette Routel, Sarah I. Wheelock, Riyaz A. Kanji, Philip E. Katzen, and Ann Tweedy were on the briefs for petitioners National Congress of American Indians and Treaty Tribes. Brian B. O'Neill entered an appearance.
Bart E. Cassidy and Meredith DuBarry Huston were on the briefs for petitioner ARIPPA. Carol F. McCabe entered an appearance.
Scott C. Oostdyk, Neal J. Cabral, Grant F. Crandall, Judith Ellen Rivlin, and Eugene M. Trisko were on the briefs for petitioners American Coal for Balanced Mercury Regulation, et al. and United Mine Workers of America, AFL-CIO.
James B. Vasile, Brian R. Gish, Susan E. Reeves, and Robert K. Reges were on the briefs for petitioner Alaska Industrial Development and Export Authority.
Anne Milgram, Attorney General, Attorney General's Office of the State of New Jersey, Christopher D. Ball and Ruth E. Carter, Deputy Attorneys General, Edmund G. Brown, Jr., Attorney General, Attorney General's Office of the State of California, Susan Durbin, Deputy Attorney General, Richard Blumenthal, Attorney General, Attorney General's Office of the State of Connecticut, Matthew Levine, Assistant Attorney General, Joseph R. Biden, III, Attorney General, Attorney General's Office of the State of Delaware, Valerie S. Csizmadia, Deputy Attorney General, Lisa Madigan, Attorney General, Attorney General's Office of the State of Illinois, Ann Alexander, Assistant Attorney, G. Steven Rowe, Attorney General, Attorney General's Office of the State of Maine, Gerald D. Reid, Assistant Attorney General, Douglas F. Gansler, Attorney General, Attorney General's Office of the State of Maryland, Kathy M. Kinsey and Judah Prero, Assistant Attorneys General, Martha Coakley, Attorney General, Attorney General's Office of the Commonwealth of Massachusetts, William L. Pardee, Assistant Attorney General, Michael A. Cox, Attorney General, Attorney General's Office of the State of Michigan, Michigan Department of Environmental Quality, Thomas L. Casey, Solicitor General, Alan F. Hoffman and Neil D. Gordon, Assistant Attorneys General, Lori Swanson, Attorney General, Attorney General's Office of the State of Minnesota, Alan C. Williams, Assistant Attorney General, Kelly A. Ayotte, Attorney General, Attorney General's Office of the State of New Hampshire, Maureen D. Smith, Senior Assistant Attorney General, Gary King, Attorney General, Attorney General's Office of the State of New Mexico, Karen L. Reed, Assistant Attorney General, Andrew M. Cuomo, Attorney General, Attorney General's Office of the State of New York, Jacob Hollinger, Assistant Attorney General, Robert A. Reiley, Assistant Counsel, Commonwealth of Pennsylvania, Department of Environmental Protection, Patrick C. Lynch, Attorney General, Attorney General's Office of the State of Rhode Island, Terence Tierney, Special Assistant Attorney General, William H. Sorrell, Attorney General, Attorney General's Office of the State of Vermont, Kevin O. Leske, Assistant Attorney General, J.B. Van Hollen, Attorney General, Attorney General's Office of the State of Wisconsin, Thomas J. Dawson, Assistant Attorney General, and William R. Phelan, Jr., Attorney, for the City of Baltimore, Maryland, were on the briefs for Government Petitioners. Jean P. Reilly and Kevin P. Auerbacher, Assistant Attorneys General, Attorney General's Office of the State of New Jersey, Peter H. Lehner, Assistant Attorney General, Attorney General's Office of the State of Connecticut, Christopher D. Coppin, Assistant Attorney General, Attorney General's Office of the State of New Mexico, Gerald T. Karr, Assistant Attorney General, Attorney General's Office of the State of Illinois, entered appearances.
Henry V. Nickel, F. William Brownell, David G. Scott, and Lee B. Zeugin were on the briefs for petitioner Utility Air Regulatory Group.
Eric G. Hostetler, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were John C. Cruden, Deputy Assistant Attorney General, Jon M. Lipshultz and Matthew R. Oakes, Attorneys, and Carol S. Holmes and Howard J. Hoffman, Counsel, U.S. Environmental Protection Agency. Wendy L. Blake, Attorney, U.S. Environmental Protection Agency, entered an appearance.
Lee B. Zeugin argued the cause for Industry State Intervenors and State Amici Curiae. With him on the briefs were Troy King, Attorney General, Attorney General's Office of the State of Alabama, Milt E. Belcher, Assistant Attorney General, Wayne Stenehjem, Attorney General, Attorney General's Office of the State of North Dakota, Paul Seby, Special Assistant, Lyle Witham, Solicitor General, Steve Carter, Attorney General, Attorney General's Office of the State of Indiana, Thomas M. Fisher, Assistant Attorney General, Lawrence E. Long, Attorney General, Attorney General's Office of the State of South Dakota, Roxanne Giedd, Deputy Attorney General, Mark J. Rudolph, Senior Counsel, State of West Virginia, Department of Environmental Protection, Peter H. Wyckoff, Henri D. Bartholomot, Jon C. Bruning, Attorney General, Attorney General's Office of the State of Nebraska, Jodi Fenner, Assistant Attorney General, Patrick Crank, Attorney General, Attorney General's Office of the State of Wyoming, Nancy Vehr, Assistant Attorney General, Henry V. Nickel, F. William Brownell, Lee B. Zeugin, William M. Bumpers, Debra J. Jezouit, and Peter Glaser. Valerie M. Tachtiris, Assistant Attorney General, Attorney General's Office of State of Indiana, Jay A. Jerde and Vicci M. Colgan, Assistant Attorneys General, Attorney General's Office of State of Wyoming, Kevin C. Newsom, Harold P. Quinn, Jr., and Claudia M. O'Brien entered appearances.
Leah W. Casey was on the brief for intervenor for petitioner Adirondack Mountain Club.
Charles H. Knauss, Sandra P. Franco, and David G. Scott, II were on the brief for intervenors Producers for Electric Reliability and West Associates. Karma B. Brown entered an appearance.
John T. Suttles, Jr. was on the brief for intervenors Physicians for Social Responsibility, et al.
Peter Glaser, Daniel J. Popeo, and Paul D. Kamenar were on the brief for amicus curiae Washington Legal Foundation in support of respondent.
Before: ROGERS, TATEL and BROWN, Circuit Judges.
