State of OKLAHOMA; Oklahoma Industrial Energy Consumers, an unincorporated association, Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.
Sierra Club, Intervenor-Respondent, and
PacifiCorp; American Coalition for Clean Coal Electricity; National Parks Conservation Association, Amici Curiae.
Oklahoma Gas & Electric Company, Petitioner,
v.
United States Environmental Protection Agency, Respondent.
Sierra Club, Intervenor-Respondent, and
PacifiCorp; American Coalition for Clean Coal Electricity; National Parks Conservation Association, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Stephanie J. Talbert , United States Department of Justice, Environment & Natural Resources Division, Environmental Defense Section, Washington, D.C. ( Ignacia S. Moreno , Assistant Attorney General; M. Lea Anderson and Barbara Nann , Of Counsel, United States Environmental Protection Agency, with her on the brief), for Respondent.
Michael G. Jenkins , Assistant General Counsel, PacifiCorp Energy, Salt Lake City, Utah, and E. Blaine Rawson , Ray Quinney & Nebeker, P.C., Salt Lake City, UT, filed an amicus curiae brief on behalf of PacifiCorp, Amicus Curiae.
Paul M. Seby and Marian C. Larsen of Moye White LLP, Denver, CO, filed an amicus curiae brief on behalf of the American Coalition for Clean Coal Electricity, Amicus Curiae.
Stephanie Kodish , Knoxville, TN, filed an amicus curiae brief on behalf of the National Parks Conservation Association, Amicus Curiae.
Before BRISCOE, Chief Judge, KELLY and LUCERO, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BRISCOE, Chief Judge.
In these consolidated petitions for review, petitioners1 challenge a final rule promulgated by the United States Environmental Protection Agency under the Clean Air Act. The petitioners argue that the EPA impermissibly rejected Oklahoma's plan to limit the emissions of sulfur dioxide at Oklahoma Gas and Electric Company power plants and replaced it with its own more stringent regulations, which petitioners contend...
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