HOPI TRIBE v. U.S. E.P.A.

No. 14-73055.

851 F.3d 957 (2017)

The HOPI TRIBE, a federally recognized Indian Tribe, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Salt River Project Agricultural Improvement and Power District; Navajo Nation; Central Arizona Water Conservation District; Gila River Indian Community, Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed March 20, 2017.


Attorney(s) appearing for the Case

Anne E. Lynch (argued) and Michael D. Goodstein , Hunsucker Goodstein PC, Washington, D.C.; David M. Waterman , Catherine Wright , and Karen Pennington , The Hopi Tribe, Kykotsmovi, Arizona; for Petitioner.

Jennifer S. Neumann (argued), Attorney, Appellate Section; Daniel R. Dertke , Attorney, Environmental Defense Section; John C. Cruden , Assistant Attorney General; Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; for Respondent.

Z.W. Julius Chen (argued), Akin Gump Strauss Hauer & Feld LLP, Washington, D.C.; Aaron M. Flynn , Norman W. Fichthorn , and William L. Wehrum , Hunton & Williams LLP, Washington, D.C.; for Respondents-Intervenors.

Before: Mary M. Schroeder, Stephen S. Trott, and John B. Owens, Circuit Judges.


OPINION

The Hopi Tribe petitions for review of the Environmental Protection Agency's ("EPA") federal implementation plan ("FIP") under the Clean Air Act ("CAA") for the Navajo Generating Station ("Station") in Arizona. The station is operated by a consortium of utilities...

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