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NEBRASKA v. U.S. ENVIRONMENTAL PROTECTION AGENCY

Nos. 12-3084, 12-3085.

812 F.3d 662 (2016)

State of NEBRASKA, Petitioner v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Gina McCarthy, Administrator, United States Environmental Protection Agency, Respondents Sierra Club; National Parks Conservation Association Intervenors. National Parks Conservation Association; Sierra Club Petitioners v. United States Environmental Protection Agency; Lisa P. Jackson, Administrator, Respondent Nebraska Public Power District; State of Nebraska, Intervenors.

United States Court of Appeals, Eighth Circuit.

Filed: February 3, 2016.

Attorney(s) appearing for the Case

Matthew Evan Gerhart , argued, Janette K. Brimmer , on the brief, Seattle, WA, for Petitioners/Intervenors Sierra Club and National Parks Conservation Association.

Justin D. Lavene , AAG, argued Lincoln, NE, for Petitioner State of Nebraska.

Norman Louis Rave, Jr. , argued Washington, DC, for Respondent EPA was Norman Louis Rave, Jr.

R. Dennis Wright , of Kansas City, MO, ( Brittany A. Barrientos , Kansas City, MO.; Dennis Lane , of Washington, DC, on the brief), for Intervernor Nebraska Public Power District.

Before RILEY, Chief Judge, BYE and BENTON, Circuit Judges.

On July 6, 2012, EPA partially disapproved the Nebraska Regional Haze State Implementation Plan. EPA specifically rejected Nebraska's best available retrofit technology (BART) determination for Gerald Gentleman Station, substituting a Federal Implementation Plan. The State of Nebraska petitioned for review. National Parks...

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