American Lung Ass'n v. Reilly
Court of Appeals for the Second Circuit
1Opinion of the Court
GEORGE C. PRATT, Circuit Judge:
Sixty-seven electric utilities and three electric utility industry associations (collectively, “utilities”) appeal from an order of the United States District Court for the Eastern District of New York, John R. Bartels, Judge, which denied their motion to intervene as of right as defendants in a citizen suit brought under the Clean Air Act, 42 U.S.C. § 7401 et seq., to compel the Environmental Protection Agency (EPA) to review and revise the national ambient air quality standards (NAAQSs) for ozone, 141 F.R.D. 19 (E.D.N.Y.1992). We conclude that Judge Bartels…
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