ERGON-WEST VIRGINIA, INC. v. U.S. E.P.A.

Attorney(s) appearing for the Case

ARGUED: Jonathan Grant Hardin , PERKINS COIE LLP, Washington, D.C., for Petitioner. Patrick Reinhold Jacobi , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: LeAnn M. Johnson , PERKINS COIE LLP, Washington, D.C., for Petitioner. Jeffrey H. Wood , Acting Assistant Attorney General, Environmental and Natural Resources Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Susan Stahle , UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Washington, D.C., for Respondent.

Petition for review granted, final agency action vacated, and remanded for further proceedings by published opinion. Judge Agee wrote the opinion, in which Judge Niemeyer and Judge Xinis joined.