SIERRA CLUB, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Andrew Wheeler, Administrator, United States Environmental Protection Agency, Respondents,
State of Utah, on behalf of the Utah Department of Environmental Quality, Division of Air Quality; PacifiCorp Energy, Respondents-Intervenors, and
Air Permitting Forum, Amicus Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
FILED July 2, 2020.
FILED July 2, 2020.
Attorney(s) appearing for the Case
Keri N. Powell , Powell Environmental Law, LLC, Decatur, Georgia ( Patton Dycus , Environmental Integrity Project, Decatur, Georgia, with her on the briefs), for Petitioner.
David J. Kaplan , United States Department of Justice, Environmental Defense Section, Washington, D.C. ( Jeffrey Bossert Clark , Assistant Attorney General; Jonathan D. Brightbill , Principal Deputy Assistant Attorney General; and John T. Krallman , United States Environmental Protection Agency, with him on the briefs), for Respondents.
E. Blaine Rawson , Ray Quinney & Nebeker P.C., Salt Lake City, Utah ( Marie Bradshaw Durrant , PacifiCorp, Salt Lake City, Utah, with him on the briefs), for Respondent-Intervenor PacifiCorp Energy.
Charles H. Knauss , Hunton Andrews Kurth LLP, Washington, D.C.; and Shannon S. Broome , Hunton Andrews Kurth LLP, San Francisco, CA, for Amicus Curiae Air Permitting Forum.
Before BACHARACH, BALDOCK, and MURPHY, Circuit Judges.
BACHARACH, Circuit Judge.
This petition involves interpretation of an environmental regulation addressing the renewal of permits under Title V of the Clean Air Act. The statute and accompanying regulation allow renewal of these permits only if they ensure "compliance with" all of the "applicable requirements." 42 U.S.C. § 7661c(a); 40 C.F.R...
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