United States DC Circuit

A trade association made up of electric utilities lacked standing to seek review of the EPA's interpretation of State Operating Permit Program regulations as to the release of air pollutants under the Clean Air Act, as the interpretation was merely a policy statement.

Appellate Information

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

Judges

• Before:  EDWARDS, HENDERSON, and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Lauren E. Freeman argued the cause for the petitioner.  Mel S. Schulze was on brief., William H. Lewis, Jr., and Michael A. McCord were on brief for the intervenor.


• For Appellees:
  
• Christopher S. Vaden, Attorney, United States Department of Justice, argued the cause for the respondent.  Gregory B. Foote and Kerry E. Rodgers, Attorneys, United States Environmental Protection Agency, were on brief.  Kent E. Hanson, Attorney, United States Department of Justice, entered an appearance.