United States Sixth Circuit

Under section 182(b) of the Clean Air Act, a state is required to adopt the reasonably available technology rules in its state implementation plan, and the incorporation of the rules as an optional measure in a contingency plan is no substitute for actual adoption.

Appellate Information

• Argued 08/03/2001
• Decided 09/11/2001
• Published 09/11/2001

Judges

• Before CLAY and GILMAN, Circuit Judges;  WISEMAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• David S. Baron (argued and briefed), Earthjustice Legal Defense Fund, Washington, DC, for Petitioners and Intervenor., Bryan F. Zima (briefed), Office of the Attorney General, Environmental Enforcement Section, Columbus, OH, for Amicus Curiae.


• For Appellees:
  
• Kendra H. Sagoff (briefed), Environmental Protection Agency, Office of General Counsel, Christopher S. Vaden, Melaine Aureilia Williams (argued and briefed), United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for Respondents.