United States Tenth Circuit
Arizona Pub. Serv. Co. v. EPA, 07-9546
In a petition for review of an EPA regulation limiting emissions, the petition is granted in part, where the parties agreed to a remand regarding fugitive dust limits, but denied in part, where the Clean Air Act does not prohibit the EPA from relying on current air quality monitoring data.
Appellate Information
- Decided 04/14/2009
- Published 04/14/2009
Judges
- SEYMOUR, Circuit Judge., Before McCONNELL, SEYMOUR and HOLMES, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Thomas Sayre Llewellyn of Washington, D.C., for Petitioner/Intervenor Arizona Public Service Company., Matt Kenna, Western Environmental Law Center, Durango, CO, for Intervenors/Petitioners Sierra Club, Diné Care, Diné for the C-Aquifer, and San Juan Citizens Alliance.
- For Appellees:
- David A. Carson (Ronald J. Tenpas, Assistant Attorney General; John C. Cruden, Deputy Assistant Attorney General, with him on the consolidated brief), United States Department of Justice, Environment and Natural Resources Division, Denver, CO, for Respondent Environmental Protection Agency.