United States Second Circuit

The EPA's decision to approve New York's Title V permit program, as well as its decision not to issue a Notice Of Deficiency as required by the Clean Air Act, are affirmed. The EPA's decision not to object to the three draft permits issued by the Dep't of Envtl. Conservation is reversed and remanded to the EPA for further proceedings.

Appellate Information

• Decided 02/28/2003
• Published 02/28/2003

Judges

• B.D. PARKER, JR., Circuit Judge., Before:  F.I. PARKER, STRAUB, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• James B. Kobak, Jr.,Hughes, Hubbard & Reed, LLP, New York, NY (Adam Brodsky, of counsel, Keri Powell, Earthjustice, Washington, D.C., on the brief), for Petitioner-Appellant., Rachel Zaffrann, Assistant Attorney General, New York State Attorney General's Office, Environmental Protection Bureau, for Eliot Spitzer, Attorney General, State of New York, New York, NY, for Intervenors.


• For Appellees:
  
• Joshua M. Levin, Environmental Defense Section, Environmental Resources Division (Apple Chapman, Office of General Counsel, U.S. Environmental Protection Agency, Eileen T. McDonough, Environmental Defense Section, on the brief for Thomas L. Sansonnetti, Assistant Attorney General, Environment and Natural Resources Division), Washington, D.C., for Respondents-Appellees (02-4033)., Eileen T. McDonough, Environmental Defense Section, Environmental Resources Division (Apple Chapman, Office of General Counsel, U.S. Environmental Protection Agency, Joshua M. Levin, Environmental Defense Section, on the brief for Thomas L. Sansonnetti, Assistant Attorney General, Environment and Natural Resources Division), Washington, D.C., for Respondents-Appellees (02-4077).