WILDEARTH GUARDIANS v. U.S. E.P.A.

No. 11-9559.

728 F.3d 1075 (2013)

WILDEARTH GUARDIANS, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Lisa Jackson, Administrator, U.S. EPA, Respondents. Public Service Company of Colorado, d/b/a Xcel Energy, Inc., Intervenor.

United States Court of Appeals, Tenth Circuit.

July 23, 2013.


Attorney(s) appearing for the Case

Ashley D. Wilmes of WildEarth Guardians, Boulder, CO, for Petitioner.

Christina L. Richmond , United States Department of Justice, Environmental Defense Section, Washington D.C. ( Elyana Sutin , U.S. EPA, Region 8, Office of Regional Counsel, and Richard Vetter , U.S. EPA, Office of General Counsel, of counsel; Ignacia S. Moreno , Assistant Attorney General, Environmental and Natural Resources Division, with her on the briefs) for Respondents.

A. Kent Mayo ( Michael Heister with him on the brief) of Baker Botts L.L.P., Washington, D.C., for Intervenor.

Before O'BRIEN, McKAY, and TYMKOVICH, Circuit Judges.


McKAY, Circuit Judge.

Petitioner WildEarth Guardians seeks review of an order of the Environmental Protection Agency denying in part Petitioner's petition for an objection to a Title V operating permit issued by the Colorado Department of Public Health and Environment (CDPHE) to Intervenor Public Service Company of Colorado, d/b/a Xcel Energy, for its coal-fired power station located in Morgan County, Colorado. In its petition for an objection, Petitioner argued,...

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