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ARIZONA PUBLIC SERVICE CO. v. U.S. E.P.A.

Nos. 07-9546, 07-9547.

562 F.3d 1116 (2009)

ARIZONA PUBLIC SERVICE COMPANY, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. Sierra Club, Diné Care, Diné for the C-Aquifer, and San Juan Citizens Alliance, Intervenors. Sierra Club, Diné Care, Diné for the C-Aquifer, and San Juan Citizens Alliance, Petitioners, v. United States Environmental Protection Agency, Respondent. Arizona Public Service Company, Intevenor.

United States Court of Appeals, Tenth Circuit.

April 14, 2009.

Attorney(s) appearing for the Case

Thomas Sayre Llewellyn of Washington, D.C., for Petitioner/Intevenor Arizona Public Service Company.

David A. Carson (Ronald J. Tenpas, Assistant Attorney General; John C. Cruden, Deputy Assistant Attorney General, with him on the consolidated brief), United States Department of Justice, Environment and Natural Resources Division, Denver, CO, for Respondent Environmental Protection Agency.

Matt Kenna, Western Environmental Law Center, Durango, CO, for Intervenors/Petitioners Sierra Club, Diné Care, Diné for the C-Aquifer, and San Juan Citizens Alliance.

Before McCONNELL, SEYMOUR and HOLMES, Circuit Judges.

SEYMOUR, Circuit Judge.

Arizona Public Service Company ("APS"), operator and majority owner of the Four Corners Power Plant ("Plant"), and Sierra Club, Diné CARE, Diné for the C-Aquifer, and San Juan Citizens Alliance (collectively "Environmentalists") challenge a regulation promulgated by the U.S. Environmental Protection Agency ("EPA"). The regulation at issue is known as a source-specific, federal implementation plan ("federal plan") and was enacted pursuant...

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