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E-M:/ More on Engler-Harding Loss in DC Circuit on Smog Case



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Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>
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Summary of D.C. Circuit Court oF Appeals Orders Concerning
Michigan v. EPA, D.C. Cir. No. 98-1497 (Decided March 3, 2000)

In State of Michigan, Michigan Department of Environmental Quality and 
State of West Virginia, Division of Environmental Protection v. 
Environmental Protection Agency, D.C. Cir. No. 98-1497 (Decided March 3, 
2000) Orders issued June 22, 2000.

The D.C. Circuit Court of Appeals issued four orders on June 22, 2000 in 
the above captioned matter concerning petitions for rehearing; rehearing en 
banc; motions to lift the stay and cross motions to extend the stay; and 
motions for clarification.  The deadline for NOx SIP revisions is now 
October 28, 2000. The underlying compliance deadline for affected sources 
under the NOx SIP Call remains unchanged,  the affected States must be in 
compliance by May 1, 2003.

       The D.C. Circuit Court of Appeals rejected the industry/labor and 
States petitions for rehearing by the three judge panel (Williams, 
Sentelle, Rogers).  Sentelle would grant the petition of the industry/labor 
petitioners and part of the States' petition.

       The D.C. Circuit Court of Appeals rejected the petitions for 
rehearing en banc (rehearing by full D.C. Court panel) with Judges Edwards, 
Silberman, Williams, Ginsburg, Henderson, Randolph, Rogers voting against 
rehearing (Tatel and Garland did not participate in this matter).  Judge 
Sentelle would grant the petition of the industry/labor petitioners and 
part of the States' petition.

       The D.C. Circuit Court of Appeals rejected industry/labor 
petitioners' opposition and cross-motion to extend stay of Interstate 
Natural Gas Association of America and Council of Industrial Boiler Owners 
and granted EPA's motion in part to lift the stay imposed on NOx SIP Call 
implementation on May 25, 1999.  When the stay was granted, the affected 
States had 128 days left to submit their NOx SIP revisions by the original 
September 30, 1999.  EPA wanted the revised deadline to fall on September 
1, 2000, but the Court demurred, instead deciding to lift the stay today 
and allowing the remaining 128 days to elapse, moving the deadline to 
October 28, 2000.

       The D.C. Circuit Court of Appeals rejected a motion for 
clarification by Indiana Power & Light, opposed by EPA, directed to the 
three judge panel (Williams, Sentelle, Rogers).

Patricio Silva
Midwest Activities Coordinator
Natural Resources Defense Council
(202) 289-2398
psilva@nrdc.org


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Alex J. Sagady & Associates        Email:  ajs@sagady.com

Environmental Enforcement, Permits/Technical Review, Public Policy and
Communications on Air, Water and Waste Issues
and Community Environmental Protection

PO Box 39  East Lansing, MI  48826-0039
(517) 332-6971 (voice); (517) 332-8987 (fax)
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