WILDEARTH GUARDIANS; Heal Utah; National Parks Conservation Association; Powder River Basin Resource Council; Sierra Club; Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Gina McCarthy, Administrator, United States Environmental Protection Agency, Respondents.
Public Service Company of New Mexico; PacifiCorp; New Mexico Environment Department; Basin Electric Power Cooperative; State of Wyoming; Utah Associated Municipal Power System; Utah Division of Air Quality; City of Albuquerque, Intervenors, and
American Coalition for Clean Coal Electricity, Amicus Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Chloe H. Kolman , United States Department of Justice, Environment & Natural Resources Division, Washington, D.C. ( 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.; M. Lea Anderson , of Counsel, United States Environmental Protection Agency, Washington, D.C.; Matthew C. Marks , Of Counsel, United States Environmental Protection Agency, Washington, D.C.; Brian Tomasovic , Of Counsel, United States Environmental Protection Agency, Dallas, TX; Sara L. Laumann , of Counsel, United States Environmental Protection Agency, Denver, CO, with her on the brief), for Respondent.
E. Blain Rawson , Ray Quinney & Nebeker, P.C., Salt Lake City, UT ( Emily Smith Loeffler , Quinney & Nebeker, P.C., Salt Lake City, UT, Michael G. Jenkins , Assistant General Counsel, PacifiCorp Energy with him on the brief), for Intervenor PacifiCorp Energy.
Matthias L. Sayer , Assistant Attorney General, Wyoming Office of Attorney General, Cheyenne, WY ( Jay A. Jerde , Deputy Attorney General, Wyoming Office of Attorney General, Cheyenne, WY, with him on the brief), for Intervenor State of Wyoming.
Christopher L. Colclasure , Holland & Hart LLP, Denver, CO, for Intervenor Basin Electric Power Cooperative.
Jeffrey M. Kendall , General Counsel and William G. Grantham , Assistant General Counsel, for New Mexico Environment Department, on the brief for Intervenor New Mexico Environment Department.
Carol Parker , Assistant City Attorney and Adelia W. Kearny , Deputy City Attorney, Albuquerque, NM, on the brief for Intervenor City of Albuquerque.
John E. Swallow , Utah Attorney General and Christian C. Stephens , Assistant Attorney General, Salt Lake City, UT; Craig W. Anderson , Division Chief and Assistant Attorney General, Environment Division, Utah Attorney General's Office, Salt Lake City, UT, on the brief for Intervenor Utah Division of Air Quality.
Paul M. Seby and Marian C. Larsen , Seby Larsen LLP, Denver, CO, on the brief for Amicus Curiae American Coalition for Clean Coal Electricity.
Before BACHARACH, SEYMOUR, and MURPHY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BACHARACH, Circuit Judge.
This appeal grows out of the Clean Air Act. In an effort to comply with the statute, three states (New Mexico, Utah, and Wyoming), one city (City of Albuquerque), and one county (Bernalillo County) adopted a regional cap-and-trade program regulating sulfur-dioxide emissions over the Colorado Plateau.1 Under this program, each participant obtained a ceiling on sulfur-dioxide emissions. If the ceiling was met, polluters...
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