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CITIZENS COAL COUNCIL v. U.S. E.P.A.

No. 02-3628.

385 F.3d 969 (2004)

CITIZENS COAL COUNCIL and Kentucky Resources Council, INC., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and Mike Leavitt, in his capacity as Administrator of the Environmental Protection Agency, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 7, 2004.

Attorney(s) appearing for the Case

Thomas J. FitzGerald (argued and briefed), Frankfort, KY, for Petitioners.

J. Steven Rogers (argued), United States Department of Justice, Washington, D.C., Thomas H. Pacheco (briefed), United States Department of Justice, San Francisco, CA, for Respondents.

Before: SUHRHEINRICH and CLAY, Circuit Judges; GWIN, District Judge.

GWIN, D. J., delivered the opinion of the court, in which CLAY, J., joined. SUHRHEINRICH, J. (pp. 985-89), delivered a separate opinion concurring in part and dissenting in part.

GWIN, District Judge.

Here, a Kentucky nonprofit corporation (the Kentucky Resources Council) and a national organization that advocates clean-living conditions for residents of the nation's coalfields (the Citizens Coal Council) petition this Court to invalidate a final rule that...

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