State of NORTH DAKOTA, Petitioner
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and Lisa P. Jackson, Administrator, Respondent.
Basin Electric Power Cooperative, Intervenor.
Great River Energy, Petitioner
v.
United States Environmental Protection Agency, and Lisa P. Jackson, Administrator, Respondent.
Basin Electric Power Cooperative, Intervenor.
National Parks Conservation Association; Sierra Club, Petitioners
v.
United States Environmental Protection Agency; Lisa P. Jackson, Administrator, United States Environmental Protection Agency, Respondents.
Basin Electric Power Cooperative; Great River Energy; Minnkota Power Cooperative; Square Butte Electric Cooperative; State of North Dakota, Intervenors.
Montana-Dakota Utilities Co., A Division of MDU Resources Group, Inc.; Northern Municipal Power Agency; Northwestern Corporation, doing business as NorthWestern Energy; Otter Tail Power Company, Amici on Behalf of Respondent.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: May 14, 2013.
Filed: September 23, 2013.
Attorney(s) appearing for the Case
Paul M. Seby , Special AAG, argued, Denver, CO, Margaret I. Olson , AAG, Bismarck, ND, on the brief, for Petitioner State of North Dakota in 12-1844.
Harry M. Johnson, III , Penny A. Shamblin , Richmond, VA, on the brief, for Amici Curiae on behalf of the EPA in 12-2331, Otter Tail Power Company, Northern Municipal Power Agency, Montana-Dakota Utilities Co., a division of MDU Resources Group, Inc., and Northwestern Corporation, d.b.a. Northwestern Energy.
Paul M. Seby , Special AAG, argued, Denver, CO Margaret I. Olson , AAG, Bismarck, ND, on the brief, for Intervenor State of North Dakota in 12-2331.
Patrick D. Traylor , Dennis L. Arfmann , Washington, DC, on the brief, for Intervenor Minnkota Power Cooperative and Square Butte Electric Cooperative in 12-2331.
Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
WOLLMAN, Circuit Judge.
In these consolidated petitions for review, the State of North Dakota (State), Great River Energy, and National Parks Conservation Association and Sierra Club (collectively Environmental Groups) challenge the final rule promulgated by Environmental Protection Agency (EPA) on April 6, 2012, see 77 Fed.Reg. 20,894-945 (the Final Rule). The Final Rule approved in part and disapproved in part two state implementation plans (SIPs) submitted...
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