New York Public Interest Research Group, Inc. v. Stephen L. Johnson, in His Capacity as Administrator, United States Environmental Protection Agency

B.D. PARKER, JR., Circuit Judge.

This proceeding challenges the Environmental Protection Agency’s (“EPA”) refusal to object to Clean Air Act (the “Act”) operating permits issued by the New York State Department of Environmental Conservation (“DEC”) to the Huntley and Dunkirk power plants, two of New York State’s largest coal-fired power generation plants. In May 2000, the DEC issued Notices of Violation (“NOV”) to the plants documenting non-compliance with the Act. The DEC nonetheless issued them draft operating permits. The New York Public Interest Research Group (“NYPIRG”) then challenged…