United States DC Circuit

The Environmental Protection Agency's 1999 revisions to 40 CFR 71 invalid under the Clean Air Act in proposing to create and administer a federal operating permits program for areas where it believes the Indian country status is in question, and in proposing to make jurisdictional determinations on an ad hoc basis rather than by notice and comment.

Appellate Information

• Decided 10/30/2001
• Published 10/30/2001

Judges

• Before:  GINSBURG, Chief Judge, EDWARDS and SENTELLE, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Henry V. Nickel argued the cause for petitioners.   With him on the briefs were Lauren E. Freeman, David S. Harlow, Edmund H. Kendrick, Brian J. Renaud, Susan M. McMichael, Jennifer M. Granholm, Attorney General, State of Michigan, and John Fordell Leone, Assistant Attorney General.   Richard S. Wasserstrom entered an appearance., Jill E. Grant was on the brief for intervenor Navajo Nation.


• For Appellees:
  
• Cynthia A. Drew, Attorney, U.S. Department of Justice, argued the cause for respondent.   With her on the brief were John C. Cruden, Acting Assistant Attorney General, Andrew J. Doyle, Attorney, Anthony F. Guadagno, Attorney, Environmental Protection Agency, and Michael W. Thrift, Attorney.  Lois J. Schiffer, Assistant Attorney General, U.S. Department of Justice, and Christopher S. Vaden, Attorney, entered appearances.