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ALA. ENVIRONMENTAL COUNCIL v. ADM'R, U.S. E.P.A.

Nos. 08-16961, 11-11549.

711 F.3d 1277 (2013)

ALABAMA ENVIRONMENTAL COUNCIL, Sierra Club, Natural Resources Defense Council, Our Children's Earth Foundation, Petitioners, v. ADMINISTRATOR, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, United States Environmental Protection Agency, Respondents, Alabama Power Company, Tennessee Valley Authority, Alabama Department of Environmental Management, Intervenors. Alabama Power Company, Petitioner, v. United States Environmental Protection Agency, Administrator, United States Environmental Protection Agency, Respondents, Alabama Environmental Council, Our Children's Earth Foundation, Sierra Club, Intervenors.

United States Court of Appeals, Eleventh Circuit.

March 6, 2013.

Attorney(s) appearing for the Case

George E. Hays , Law Office of George E. Hays, Michael A. Costa , Our Children's Earth Foundation, San Francisco, CA, Justine Thompson , GreenLaw, Atlanta, GA, William J. Moore, III , William J. Moore, III, PA, Jacksonville, FL, Anthony Todd Carter , Alabama Dept. of Env. Mgmt., Montgomery, AL, for Appellants in No. 08-16961 and Intervenor in No. 11-11549.

Andrew J. Doyle , U.S. Dept. of Justice, David P.W. Orlin , Geoffrey L. Wilcox , U.S. E.P.A., Washington, DC, Vera S. Kornylak , Keri N. Powell , U.S. E.P.A., Reg. 4, Atlanta, GA, for Respondents in Nos. 08-16961 and 11-11549.

Lauren Elizabeth Freeman , F. William Brownell , Hunton & Williams, LLP, Washington, DC, for Amici Curiae Utility Air Regulatory Group.

Philip Stephen Gidiere, III , Thomas Lee Casey, III , Michael D. Freeman , Steven G. McKinney , Balch & Bingham, LLP, Birmingham, AL, Mary-Frank Brown , Alabama Dept. of Environmental Mgmt., Montgomery, AL, Frank H. Lancaster , Harriet A. Cooper , Knoxville, TN, for Intervenors in No. 08-16961, and Petitioners in No. 11-11549.

Before TJOFLAT and BLACK, Circuit Judges, and MOLLOY, District Judge.

BLACK, Circuit Judge:

These consolidated appeals focus on a Clean Air Act1 visible emissions regulation promulgated by the State of Alabama and submitted to the United States Environmental Protection Agency (EPA) as a revision to Alabama's State Implementation Plan (SIP). In 2008, the EPA approved the revision after concluding the proposed regulation satisfied the Clean Air Act's requirements (2008 approval). The EPA denied a timely request...

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