United States DC Circuit

Petition for review of the Agency's electric generating unit growth-factor determinations is denied. The Agency satisfied its obligation on remand to engage in reasoned decisionmaking and explain its choice of methodology.

Appellate Information

• Decided 04/12/2004
• Published 04/09/2004

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Mary E. Welsh, Assistant Attorney General, Illinois Attorney General's Office, argued the cause for petitioners State of Illinois and West Virginia.   With her on the briefs were Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, and Thomas H. Zerbe, Senior Counsel , West Virginia Attorney General's Office., Norman W. Fichthorn argued the cause for petitioners Utility Air Regulatory Group, et al. on Common Issues.   With him on the briefs were David M. Flannery, Gale R. Lea, Kathy G. Beckett, Mel S. Schulze, Steven G. McKinney, C. Grady Moore, III, Philip S. Gidiere, III, Daniel S. Reinhardt, Margaret C. Campbell, and Gary R. Sheehan, Jr.  Andrea B. Field entered an appearance., C. Grady Moore, III, argued the cause for petitioners Alabama Power Company, et al. on State-Specific Issues With him on the briefs were Steven G. McKinney, P. Stephen Gidiere, III, Daniel S. Reinhardt, Margaret Claiborne Campbell, Gary R. Sheehan, Jr., David M. Flannery, Gale R. Lea, and Kathy G. Beckett., William L. Pardee, Assistant Attorney General, Commonwealth of Massachusetts Attorney General's Office, argued the cause for intervenors States of Massachusetts, et al.   With him on the brief were Thomas F. Reilly, Attorney General, Richard Blumenthal, Attorney General , Connecticut Attorney General's Office, Eliot Spitzer, Attorney General, New York State Attorney General's Office, J. Jared Snyder, Assistant Attorney General, G. Steven Rowe, Attorney General, Maine Attorney General's Office, Gerald D. Reid, Assistant Attorney General, J. Joseph Curran, Jr., Attorney General, Maryland Attorney General's Office, Kathy M. Kinsey, Assistant Attorney General, Peter C. Harvey, Attorney General, New Jersey Attorney General's Office, Howard Geduldig, Deputy Attorney General, Patrick C. Lynch, Attorney General, Rhode Island Attorney General's Office, Tricia Jedele, Special Assistant Attorney General, Peter W. Heed, Attorney General, New Hampshire Attorney General's Office, Maureen D. Smith, Senior Assistant Attorney General, Kristen Campfield, William H. Sorrell, Attorney General, Vermont Attorney General's Office, Eric Titrud, Assistant Attorney General, and Kevin Leske, Special Assistant Attorney General.  John M. Looney, Jr., Assistant Attorney General, Connecticut Attorney General's Office, entered an appearance.


• For Appellees:
  
• Norman L. Rave, Jr., Attorney, U.S. Department of Justice, argued the cause for respondent.   With him on the brief were Howard J. Hoffman and Dwight C. Alpern, Attorneys, Environmental Protection Agency.