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UTAH v. U.S. ENVIRONMENTAL PROTECTION AGENCY

Nos. 13-9535, 13-9536.

765 F.3d 1257 (2014)

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 Stated Environmental Protection Agency, Respondents. Utah Associated Municipal Power System, 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.

September 3, 2014.

Attorney(s) appearing for the Case

Craig W. Anderson , Christian Stephens , Utah Attorney General's Office, Salt Lake City, UT, for Petitioner.

Scott C. Fulton , U.S. Epa Office of Enforcement & Compliance Assurance, Chloe H. Kolman , Stephanie J. Talbert , U.S. Department of Justice, Washington, DC, for Respondents.

Mason Baker , General Counsel Utah Associated Municipal Power Systems, Salt Lake City, UT, Mary Jane Elizabeth Galvin-Wagg, Esq. , Homer Michael Keller , Van Cott, Bagley, Cornwall & McCarthy, Michael G. Jenkins , PacifiCorp Energy , E. Blaine Rawson , Ray Quinney & Nebeker, Salt Lake City, UT, for Intervener.

Before BACHARACH, SEYMOUR, and MURPHY, Circuit Judges.

OPINION DENYING PANEL REHEARING

BACHARACH, Circuit Judge.

In a previous opinion, we dismissed Utah and PacifiCorp's petitions for review based on a lack of jurisdiction. We lack jurisdiction because Utah and PacifiCorp filed their petitions after the expiration of a jurisdictional deadline. The Petitioners apply for panel rehearing, and we deny the applications.

I. The Petitioners' Earlier Arguments & Our Panel Opinion

The Clean Air...

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