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MONTANA ENVIRONMENTAL INFORMATION CENTER v. THOMAS

No. 16-71933.

902 F.3d 971 (2018)

MONTANA ENVIRONMENTAL INFORMATION CENTER, Petitioner, v. Debra H. THOMAS, in her capacity as Acting Regional Administrator, United States Environmental Protection Agency, Region 8; U.S. Environmental Protection Agency, Respondents, Montana Department of Environmental Quality; Talen Montana, LLC, Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed August 30, 2018.

Attorney(s) appearing for the Case

George E. Hays (argued), San Francisco, California; Derf Johnson , Montana Environmental Information Center, Helena, Montana; for Petitioner.

Sheila Baynes (argued) and Jeffrey H. Wood , Acting Assistant Attorney General; Environmental Defense Section, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Kristi M. Smith , Brian Doster , Zach Pilchen , and Melina Williams , Office of General Counsel, Environmental Protection Agency, Washington, D.C.; for Respondents.

Norman J. Mullen (argued), Montana Department of Environmental Quality, Helena, Montana, for Respondent-Intervenor Montana Department of Environmental Quality.

Joshua Frank (argued), Baker Botts LLP, Washington, D.C., for Respondent-Intervenor Talen Montana LLC.

Before: Mary M. Schroeder and Johnnie B. Rawlinson, Circuit Judges, and William K. Sessions III, District Judge.

OPINION

Petitioner, Montana Environmental Information Center (Information Center), challenges an action of the United States Environmental Protection Agency (Agency) approving a 1994 revision to Montana's State Implementation Plan (Implementation Plan). Information Center asserts that the Agency's approval was...

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