State of New York v. Administrator, United States Environmental Protection Agency, Tennessee Valley Authority, Intervenor

LIVELY, Circuit Judge.

The State of New York petitions for review of a “final rule” promulgated by the United States Environmental Protection Agency (EPA) which approved a revision of Tennessee’s state implementation plan (SIP) for air pollution control. The revision permits an increase of from 1.2 to 2.8 pounds of sulfur dioxide (SO2) per million British thermal units (BTU) of heat input at the Kingston, Tennessee power plant of the Tennessee Valley Authority (TVA). New York contends that EPA failed to make an adequate determination of the “interstate impacts” of the Tennessee SIP.

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Prior to…