NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Petitioners,
v.
ADMINISTRATOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents,
American Iron and Steel Institute, American Mining Congress, Alabama Power Company, et al., National Coal Association, Intervenors.
AMERICAN MINING CONGRESS, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY and Administrator, Respondents,
American Iron and Steel Institute, Alabama Power Company, et al., Natural Resources Defense Council, Intervenors.
AMERICAN IRON AND STEEL INSTITUTE, Petitioner,
v.
ADMINISTRATOR OF the U.S. ENVIRONMENTAL PROTECTION AGENCY and U.S. Environmental Protection Agency, Respondents,
Alabama Power Company, American Mining Congress, Natural Resources Defense Council, Intervenors.
AMERICAN IRON AND STEEL INSTITUTE, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY and Administrator, Respondents,
Alabama Power Company, American Mining Congress, Natural Resources Defense Council, Intervenors.
AMERICAN IRON AND STEEL INSTITUTE, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Alabama Power Company, et al., Natural Resources Defense Council, Intervenors.
AMERICAN MINING CONGRESS, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Alabama Power Company, et al., National Coal Association, Natural Resources Defense Council, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 14, 1989.
Decided April 27, 1990.
Attorney(s) appearing for the Case
Edward W. Warren, with whom John Gibson Mullan, Washington, D.C., and Barton C. Green were on the brief, for the American Iron and Steel Institute, petitioner in Nos. 87-1442, 87-1443 and 88-1913 and intervenor in Nos. 87-1438 and 87-1441. Arthur F. Sampson, III, Washington, D.C., also entered an appearance, for the American Iron and Steel Institute.
David R. Wooley, Asst. Atty. Gen., State of N.Y., with whom Robert Abrams, Atty. Gen., State of N.Y., Peter H. Schiff, Deputy Sol. Gen., Albany, N.Y., State of N.Y., James Shannon, Atty. Gen., Comm. of Mass., Lee Breckenridge and Janet McCabe, Asst. Attys. Gen., Boston, Mass., Com. of Mass., J. Wallace Malley, Asst. Atty. Gen., State of Vt., Paul H. Schneider, Deputy Atty. Gen., State of N.J., David D. Doniger and David G. Hawkins, Attys., Natural Resources Defense Council, were on the brief, for Natural Resources Defense Council, Inc., et al., petitioners in No. 87-1438 and intervenors in Nos. 87-1441, 87-1442, 87-1443, 88-1913 and 89-1013. Richard E. Ayres also entered an appearance, for NRDC.
Paul D. Phillips, with whom Robert T. Connery, Denver, Colo., Ernest C. Baynard, Washington, D.C., Adelia S. Borrasca, Edward M. Green and James E. Gilchrist were on the brief, for American Mining Congress, petitioner in Nos. 87-1441 and 89-1013 and intervenor in Nos. 87-1438, 87-1442 and 87-1443. J. Peter Luedtke, Washington, D.C., and Larry A. Boggs also entered appearances for American Min. Congress.
Daniel S. Goodman, Washington, D.C., and Blake A. Watson, Attys., Dept. of Justice, with whom Richard B. Stewart, Asst. Atty. Gen., Dept. of Justice, Alan W. Eckert, Associate Gen. Counsel, Michael Winer and Charles S. Carter, Washington, D.C., Asst. Gen. Counsels, Gerald K. Gleason and David P. Novello, Attorneys, U.S. E.P.A., were on the brief, for respondents in all cases. Roger Marzulla, Washington, D.C., and Stephen L. Samuels, Attys., Dept. of Justice, also entered appearances, for respondents.
Henry V. Nickel, Michael L. Teague, F. William Brownell, Norman W. Fichthorn and Lucinda M. Langworthy for Alabama Power Company, et al., Michael B. Barr, Washington, D.C., and Bruce D. Peterson for Nat. Coal Ass'n, were on the joint brief for Alabama Power Co., et al., intervenors in Nos. 87-1438, 87-1441, 87-1442, 87-1443, 88-1913 and 89-1013. Kerry A. Walsh Skelly, Washington, D.C., also entered an appearance for Nat. Coal Ass'n.
Before WALD, Chief Judge, and EDWARDS and SILBERMAN, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed PER CURIAM.
Separate opinion filed by Chief Judge WALD.
Concurring and dissenting opinion filed by Circuit Judge HARRY T. EDWARDS.
Concurring and dissenting opinion filed by Circuit Judge SILBERMAN.
PER CURIAM:
In these consolidated cases, petitioners seek review of several aspects of the Revisions to the National Ambient Air Quality Standards for Particulate Matter, 52 Fed.Reg. 24,634 (1987) ("Revisions...
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