State of WYOMING, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Michael S. Regan, in his official capacity as Administrator of the U.S. Environmental Protection Agency, Respondents.
Powder River Basin Resource Council; National Parks Conservation Association; Sierra Club; Wyoming Outdoor Council; Basin Electric Power Cooperative; PacifiCorp; Arch Coal, Inc., Intervenors.
Wyoming County Commissioners Association; American Petroleum Institute; Petroleum Association of Wyoming, Amici Curiae.
Powder River Basin Resource Council; National Parks Conservation Association; Sierra Club, Petitioners,
v.
United States Environmental Protection Agency; Michael S. Regan, Administrator, United States Environmental Protection Agency, Respondents.
State of Wyoming; Basin Electric Power Cooperative; PacifiCorp; Arch Coal, Inc.; Idaho Power Company, Intervenors.
Wyoming County Commissioners Association; American Petroleum Institute; Petroleum Association of Wyoming, Amici Curiae.
PacifiCorp, Petitioner,
v.
United States Environmental Protection Agency; Michael S. Regan, Administrator, United States Environmental Protection Agency, Respondents.
Powder River Basin Resource Council; National Parks Conservation Alliance; Sierra Club; Wyoming Outdoor Council, Basin Electric Power Cooperative, Intervenors.
Wyoming County Commissioners Association; American Petroleum Institute, Petroleum Association of Wyoming, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
FILED August 15, 2023.
FILED August 15, 2023.
Attorney(s) appearing for the Case
Shannon Leininger , Cheyenne, Wyoming ( D. David DeWald , Senior Assistant Attorney General, with her on the briefs), Wyoming Attorney General's Office, Cheyenne, Wyoming, for the State of Wyoming.
Jenny K. Harbine , EarthJustice, Bozeman, Montana ( John Barth , Hygiene, Colorado, on the briefs), for Powder River Basin Resource Council, National Parks Conservation Association, and Sierra Club.
Steven G. Jones , Ray, Quinney & Nebeker, P.C., Salt Lake City, Utah ( E. Blaine Rawson , Ray, Quinney & Nebeker, P.C., Salt Lake City, Utah, and Marie B. Durrant , Assistant General Counsel, PacifiCorp, Salt Lake City, Utah, with him on the briefs), for PacifiCorp.
Amanda V. Lineberry , Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C., and Sonya J. Shea , United States Department of Justice, Environment and Natural Resources Division, Denver, Colorado ( Todd Kim Assistant Attorney General, United States Department of Justice, Environment and Natural Resources Division, Denver, Colorado, with them on the briefs), for the EPA.
Megan Berge , Baker Botts L.L.P., San Francisco, California, and Sarah Douglas , Baker Botts L.L.P., Washington, D.C., for Idaho Power Company.
Before TYMKOVICH, BACHARACH, and CARSON, Circuit Judges.
TYMKOVICH, Circuit Judge.
The Clean Air Act requires states to address powerplant emissions that affect air quality. This case involves Wyoming's plan to regulate emissions from powerplants within its borders that produce nitrogen oxides—NOx—pollutants that contribute to regional haze, reducing visibility in...
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