NORTH DAKOTA v. HEYDINGER

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants/cross-appellees was Alethea M. Huyser , AAG, of Saint Paul, MN. The following attorney also appeared on this brief; Michael Everson , AAG, of Saint Paul, MN.

Counsel who presented argument on behalf of the appellees/cross-appellants was Thomas H. Boyd , of Minneapolis, MN. The following attorney also appeared on the appellee brief; Brent A. Lorentz , of Minneapolis, MN.

The following attorneys appeared on amicus briefs in support of appellants: Mark N. Templeton of Chicago, IL, appeared on the brief of Steven Gaw and Steven Weissman . Gene Grace , American Wind Energy Association, of Washington, DC, and Rick Umoff , Solar Energy Industries Association, of Washington, DC, appeared on the brief of The American Wind Energy Association and Solar Energy Industries Association. Scott R. Strand of St. Paul, MN, appeared on the brief of Minnesota Center for Environmental Advocacy, Fresh Energy and The Izaak Walton League of America — Midwest Office. Joanne Spalding of San Francisco, CA, Sean H. Donahue of Washington, DC, Howard A. Lerner of Chicago, IL, Benjamin Longstreth of Washington, DC, and Graham G. McCahan and Vickie L. Patton of Boulder, CO appeared on the brief of Environmental Defense Fund, Environmental Law and Policy Center, Natural Resources Defense Counsel and Sierra Club.

The following attorneys appeared on amicus briefs in support of appellees: Peter S. Glaser and Patrick F. Hofer appeared on the brief of American Coalition for Clean Coal Electricity and National Mining Association. Jonathan Wood of Sacramento, CA appeared on the brief of Pacific Legal Foundation and National Federation of Independent Business Small Business Legal Center. Steven J. Lechner and Maegan L. Woita of Lakewood, CO appeared on the brief of Montana Coal Council and Mountain States Legal Foundation. Kate Comerford Todd , Sheldon Gilbert , Roger R. Martella, Jr. , Eric D. McArthur , Joshua J. Fougere , Maureen B. Soles , Richard Moskowitz , Linda E. Kelly , and Quentin Riegel of Washington, DC, and Benjamin L. Gerber of St. Paul, MN, appeared on the brief of Chamber of Commerce of the United States of America, The Minnesota Chamber of Commerce, The National Association of Manufacturers, and The American Fuel and Petrochemical Manufacturers. John M. Baker , Erin Sindberg Porter , and Karl C. Procaccini of Minneapolis, MN, and Douglas L. Healy of Springfield, MO, appeared on the brief of American Public Power Association, National Rural Electric Cooperative Association and Missouri Joint Municipal electric Utility Commission.

Before LOKEN, MURPHY, and COLLOTON, Circuit Judges.