GENON REMA, LLC v. U.S. E.P.A.

No. 12-1022.

722 F.3d 513 (2013)

GENON REMA, LLC, Petitioner v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Third Circuit.

Opinion Filed: July 12, 2013.


Attorney(s) appearing for the Case

William M. Bumpers, Esq. , [argued], Brook Detterman, Esq. , Debra J. Jezouit, Esq. , Baker Botts L.L.P., Walter Stone, Esq. , GenOn Energy Inc., Washington, D.C., for Petitioner, GenOn REMA, LLC.

George P. Sibley, III, Esq. , [argued], Hunton & Williams LLP Richmond, VA, Andrea B. Field, Esq. , Elizabeth L. Horner, Esq. , Hunton & Williams LLP Washington, D.C., for Petitioner-Intervenor, Utility Air Regulatory Group.

Thomas A. Lorenzen, Esq. , U.S. Department of Justice, Environmental Enforcement Section, T. Monique Peoples, Esq. , [argued], U.S. Department of Justice, Environmental Defense Section, Stephanie L. Hogan, Esq. , Office of General Counsel, United States Environmental Protection Agency, Washington, D.C., for Respondent, United States Environmental Protection Agency.

Jon C. Martin, Esq. , Ruth E. Musetto, Esq. , [argued], Lisa J. Morelli, Esq. , Office of Attorney General of New Jersey, Trenton, NJ, for Respondent-Intervenor, State of New Jersey.

Joseph O. Minort, Esq. , Clean Air Council, Philadelphia, PA, Zachary M. Fabish, Esq. , [argued], The Sierra Club, Washington, D.C., for Respondent-Intervenors, Greenpeace, Clean Air Council and The Sierra Club.

Before: FUENTES, CHAGARES, and BARRY, Circuit Judges.


OPINION OF THE COURT

FUENTES, Circuit Judge:

Portland Generating Station ("Portland") is a 427-megawatt, coal-fired, electricity generating plant located in Upper Mount Bethel Township in Northampton County, Pennsylvania. Portland is directly across the Delaware River within 500 feet of Knowlton Township in Warren County, New Jersey. The EPA has found that Portland emits sulfur dioxide in amounts that significantly...

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