State of UTAH, on behalf of the UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY, DIVISION OF AIR QUALITY, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and Gina McCarthy, Administrator, United States Environmental Protection Agency, Respondents.
Utah Associated Municipal Power Systems, Intervenor.
PacifiCorp, Petitioner,
v.
United States Environmental Protection Agency, and Gina McCarthy, Administrator, United States Environmental Protection Agency, Respondents.
Utah Associated Municipal Power System; State of Utah Department of Environmental Quality and Division of Air Quality, Intervenors.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
May 6, 2014.
May 6, 2014.
Attorney(s) appearing for the Case
E. Blaine Rawson , Ray Quinney & Nebeker, P.C., ( Michael G. Jenkins , Assistant General Counsel, PacifiCorp Energy, on the briefs), Salt Lake City, UT, for Petitioner PacifiCorp.
Christian C. Stephens , Assistant Attorney General, ( Craig W. Anderson , Division Chief and Assistant Attorney General, on the briefs), Utah Attorney General's Office, Salt Lake City, UT, for Petitioner-Intervenor State of Utah.
Stephanie J. Talbert , United States Department of Justice, Environment & Natural Resources Division, Washington, D.C. ( Robert G. Dreher , Acting Assistant Attorney General, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C.; Chloe H. Kolman , United States Department of Justice, Environment & Natural Resources Division, Washington, D.C.; Matthew C. Marks , Of Counsel, Office of General Counsel, United States Environmental Protection Agency, Washington, D.C.; Sara L. Laumann , Of Counsel, Office of Regional Counsel, United States Environmental Protection Agency, Region 8, Denver, CO, on the brief), for Respondent.
H. Michael Keller , Van Cott, Bagley, Cornwall & McCarthy, P.C., ( Mary Jane E. Galvin-Wagg , Van Cott, Bagley, Cornwall & McCarthy, P.C.; Mason Baker , General Counsel Utah Associated Municipal Power Systems, on the briefs), Salt Lake City, UT, for Intervenor Utah Associated Municipal Power Systems.
Before BACHARACH, SEYMOUR, and MURPHY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
PETITION FOR REVIEW OF FINAL DECISION ISSUED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY EPA-R09-OAR-2011-0589 and EPA-R08-OAR-2011-0114
BACHARACH, Circuit Judge.
This action grows out of the Clean Air Act, which requires states to adopt programs that will reduce emission of air pollutants that affect visibility. In light of this requirement, the State of Utah submitted a revised plan to the Environmental Protection Agency. The agency partially...
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