United States Second Circuit

The heightened permitting requirements of the Program for the Prevention of Significant Deterioration of Air Quality did not apply to a proposed refuse-to-fuel facility whose primary activity was waste processing.

Appellate Information

• Decided 07/31/2002
• Published 07/31/2002

Judges

• KATZMANN, Circuit Judge., Before OAKES and KATZMANN, Circuit Judges, and MURTHA, Chief District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Kevin C. Murphy, Devorsetz, Stinziano, Gilberti, Heintz & Smith, Syracuse, New York (Kevin J. Brown and Gregory M. Brown, on the brief), for Petitioners., Jonathan S. Martel, Arnold & Porter, New York, New York (Michael B. Gerrard, Monica Jahan Bose, Aruna K. Boppana, on the brief), for Intervenor.


• For Appellees:
  
• Thomas L. Sansonetti, Assistant Attorney General, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C. (Daniel M. Flores, Environmental Defense Section, United States Department of Justice, and Malcolm Woolf, Office of General Counsel, United States Environmental Protection Agency, on the brief), for Respondents.