US EPA Environmental Appeals Board



Case Index for PSD 07-03 - Deseret Power Electric Cooperative (Bonanza)

04/24/2024 10:29:01 PM


Filing #: 1 - 10/01/2007 - Petition for Review and Request for Oral Argument with Exhibits

Filing #: 2 - 10/03/2007 - Letter to William R. Ward, Region 8, Requesting Response to the Petition for Review

Filing #: 3 - 10/03/2007 - Concurrences Sheet -- Letter to William R. Ward, Region 8, requesting response to the Petition for Review (HARD COPY ONLY)

Filing #: 4 - 11/02/2007 - EPA Region 8's Response to Petition for Review

Filing #: 4.1 - 11/02/2007 - EPA Region 8's Response to Petition for Review Exhibit 1

Filing #: 4.2 - 11/02/2007 - EPA Region 8's Response to Petition for Review Exhibit 2

Filing #: 4.3 - 11/02/2007 - EPA Region 8's Response to Petition for Review Notice of Filing of the Certified Index of the Administrative Record

Filing #: 5 - 11/16/2007 - Deseret Power Electric Cooperative's Motion to Participate and Request for Oral Argument

Filing #: 6 - 11/21/2007 - Order Granting Review

Filing #: 7 - 11/21/2007 - Facsimile Cover Sheet -- Elliot Zenick et al -- Order Granting Review

Filing #: 8 - 12/18/2007 - Received via CDX Electronic - Notification of Public Notice of Grant of Review with attachments

Filing #: 9 - 12/19/2007 - Original -- Notification of Public Notice of Grant of Review (HARD COPY ONLY)

Filing #: 10 - 01/31/2008 - Received via CDX Electronic - Brief of Amici Curiae State of New York, California, Connecticut, Delaware, Maine, Massaschusetts, Rhode Island, And Vermont In Support of Petitioner

Filing #: 11 - 01/31/2008 - Fax -- Brief of Amici Curiae States of New York, California, Connecticut, Delware, Maine, Massaschetts, Rhode Island, And Vermont In Support of Petitioner (HARD COPY ONLY)

Filing #: 12 - 01/31/2008 - Received via CDX Electronic -- Certificate of Service for Environmental Protection Bureau

Filing #: 13 - 01/31/2008 - Motion of National Parks Conservation Association For Leave To File A Brief as Amicus Curiae In Support of Petitioner

Filing #: 14 - 01/31/2008 - Physicians For Social Responsibility's Amicus Curiae Brief In Support of Petitioners

Filing #: 14.1 - 01/31/2008 - Physicians For Social Responsibility's Amicus Curiae Brief In Support of Petitioners -- Appendix A (HARD COPY ONLY)

Filing #: 15 - 01/31/2008 - Brief and Appendix of Amicus Curiae Climate Scientist Dr. James E. Hansen in Support of Petitioner

Filing #: 15.1 - 01/31/2008 - Brief and Appendix of Amicus Curiae Climate Scientist Dr. James E. Hansen in Support of Petitioner -- Exhibt 1

Filing #: 15.2 - 01/31/2008 - Brief and Appendix of Amicus Curiae Climate Scientist Dr. James E. Hansen in Support of Petitioner -- Exhibit 2

Filing #: 15.3 - 01/31/2008 - Brief and Appendix of Amicus Curiae Climate Scientist Dr. James E. Hansen in Support of Petitioner -- Exhibit 3

Filing #: 16 - 01/31/2008 - Petitioner's Opening Brief

Filing #: 16.1 - 01/31/2008 - Petitioner's Opening Brief -- Exhibits (Exhibits 1-6 HARD COPY ONLY)

Filing #: 16.2 - 01/31/2008 - Brief of Amicus Curiae the Center for Biological Diversity in Support of the Sierra Club's Petition for Review of PDS Permit Number PSD-ou-0002-04.00 Issued by Region 8 to Desert Power Electric Cooperative

Filing #: 17 - 02/05/2008 - Original -- Brief and Appendix of Amicus Curiae Climate Scientist Dr. James E. Hanson in Support of Petitioner (HARD COPY ONLY)

Filing #: 18 - 02/01/2008 - Original -- Brief of Amici Curiae States of New York, California, Connecticut, Delware, Maine, Massaschetts, Rhode Island, And Vermont In Support of Petitioner (HARD COPY ONLY)

Filing #: 19 - 02/07/2008 - Permittee's Motion for Extension of Time to file a Response

Filing #: 20 - 02/08/2008 - Brief Amici Curiar of Utah and Western Non-Government Organizations

Filing #: 21 - 02/12/2008 - Order Granting Extension of Time

Filing #: 22 - 02/12/2008 - Facsimile Cover Sheet to Brian L. Doster et al Order Granting Extension of Time

Filing #: 23 - 02/20/2008 - Order Granting Extension of Time for Replies

Filing #: 24 - 02/20/2008 - Facsimile Cover Sheet -- Brian L. Doster et al. -- Order Granting Extension of Time for Repies

Filing #: 25 - 02/19/2008 - Letter requesting further Extension of Time

Filing #: 26 - 03/20/2008 - Conocophillips Company and WRB Refining LLC Amici Curiae Brief

Filing #: 27 - 03/21/2008 - The Heartland Institute's Amicus Curiae Response Brief in Support of Permittee Deseret Power Electric Cooperative and in Opposition to the Petition of Petitioner Siera Club (Exhibit 1 HARD COPY ONLY)

Filing #: 28 - 03/21/2008 - Brief of Amicus Curiae National Rural Electric Cooperative Association in Support of Respondent U.S. EPA and Permittee Deseret Power Electric Coopertive (Exhibits A thru G, HARD COPY ONLY)

Filing #: 29 - 03/21/2008 - Recieved via Hand Delivery -- Brief of Amici Curiae Competitive Enterprise Institute, Freedomworks National Center for Public Policy Research, American Conservative Union, American Legislative Exchange Council, Americans for Prosperity Foundation, Americans for Tax Reform, Citizens Against Government Waste, Congress of Racial Equality, Independent Women's Forum, Frontiers of Freedom Foundation, National Center for Policy Analysis, National Taxpayers Union, The 60 Plus Association

Filing #: 30 - 03/21/2008 - Permittee Deseret Power Electric Cooperative -- Response Brief of Permittee Deseret Power Electric Cooperative

Filing #: 31 - 03/24/2008 - Received via CDX Electronic -- The Heartlands Institute's Amicus Curiae Response Brief in Support of Permittee Deseret Power Electric Cooperative and in Opposition to the Petition of Petitioner Sierra Club

Filing #: 32 - 03/24/2008 - Received via CDX Electronic -- The Heartlands Institute's Amicus Curiae Response Brief in Support of Permittee Deseret Power Electric Cooperative and in Opposition to the Petition of Petitioner -- Exhibit 1

Filing #: 33 - 03/21/2008 - Received via CDX Electronic -- Attachment 1, Brief Amicus Curiae of the Utility Air Regulatory Group in Support of Respondent USEPA

Filing #: 34 - 03/21/2008 - Received via CDX Electronic - Attachment J to the Brief Amicus Curiae of the Utility Air Regulatory Group in Support of Respondent USEPA

Filing #: 35 - 03/21/2008 - Received via CDX Electronic - Attachment K to the Brief Amicus Curiae of the Utility Air Regulatory Group in Support of Respondent USEPA

Filing #: 36 - 03/21/2008 - Received via CDX Electronic - Attachment L to the Brief Amicus Curiae of the Utility Air Regulatory Group in Support of Respondent USEPA

Filing #: 37 - 03/21/2008 - Brief of AMICI Curiae American Petroleum Institute, American Chemistry Council, American Royalty Council, Chamber of Commerce of the United States, National Association of Manufactures, National Oilseed Processors Association, and National Petrochemical & Refiners Association in Opposition to Petitioner's Operning Brief

Filing #: 38 - 03/21/2008 - API et al. amicus New Cover Page

Filing #: 39 - 03/21/2008 - Received via CDX Electronic - Attachment B to the Brief Amicus Curiae of the Utility Air Regulatory Group in Support of Respondent USEPA

Filing #: 40 - 03/21/2008 - Received via CDX Electronic - Attachment B to the Brief Amicus Curiae of the Utility Air Regulatory Group in Support of Respondent USEPA

Filing #: 41 - 03/21/2008 - Received via CDX Electronic - Attachment D to the Brief Amicus Curiae of the Utility Air Regulatory Group in Support of Respondent USEPA

Filing #: 42 - 03/21/2008 - Received via CDX Electronic - Attachment E to the Brief Amicus Curiae of the Utility Air Regulatory Group in Support of Respondent USEPA

Filing #: 43 - 03/21/2008 - Received via CDX Electronic - Attachment G to the Brief Amicus Curiae of the Utility Air Regulatory Group in Support of Respondent USEPA

Filing #: 44 - 03/21/2008 - Received via CDX Electronic - Attachment H to the Brief Amicus Curiae of the Utility Air Regulatory Group in Support of Respondent USEPA

Filing #: 45 - 03/21/2008 - Received via CDX Electronic -- Brief of Amicus Curiae of National Rural Electric Cooperative Association in Support of Respondent USEPA and Permittee Deseret Power Electric Cooperative

Filing #: 46 - 03/21/2008 - Received via CDX Electronic -- Exhibits A-G to the Brief of Amicus Curiae of National Rural Electric Cooperative Association in Support of Respondent USEPA and Permittee Deseret Power Electric Cooperative

Filing #: 47 - 03/21/2008 - Received via CDX Electronic - Brief Amicus Curiae of the Utility Air Regulatory Group in Support of Respondent USEPA

Filing #: 48 - 03/21/2008 - Received via CDX Electronic -- Response of EPA Office of Air and Radiation and Region 8 to Briefs of Petitioners and Supporting Amici

Filing #: 49 - 03/21/2008 - Received via CDX Electronic -- Brief Amicus Curiae of the Utility Air Regulatory Group in Support of Respondent USEPA

Filing #: 50 - 03/21/2008 - Received via CDX Electronic - Attachment A to the Brief Amicus Curiae of the Utility Air Regulatory Group in Support of Respondent USEPA

Filing #: 51 - 03/21/2008 - Received via CDX Electronic - Attachment F to the Brief Amicus Curiae of the Utility Air Regulatory Group in Support of Respondent USEPA

Filing #: 52 - 03/21/2008 - Original -- Brief Amicus Curiae of the Utility Air Regulatory Group in Support of Respondent USEPA (HARD COPY ONLY)

Filing #: 53 - 03/31/2008 - Original -- Response of EPA Office of Air and Radiation and Region 8 to Briefs of Petitioner and Supporting AMICI

Filing #: 54 - 03/24/2008 - Brief of AMICI Curiae American Petroleum Institute, American Chemistry Council, American Royalty Council, Chamber of Commerce of the United States, National Association of Manufacturers, and National Petrochemical & Refiners Association in Opposition to Petitioner's Opening Brief

Filing #: 55 - 03/25/2008 - Corrected Missing Cover Page filed on March 21, 2008-- Missing name of one of the amici (National Oilseed Processors Association

Filing #: 56 - 03/31/2008 - Order Scheduling Oral Argument

Filing #: 57 - 03/26/2008 - Original -- Amicus Curiae of the Utility Air Regulatory Group (HARD COPY ONLY)

Filing #: 58 - 04/25/2008 - Reply of Physicians for Social Responsibility to Briefs of Respondents and Supporting AMICI

Filing #: 59 - 04/25/2008 - Received via CDX Electronic -- Petitioner's Reply Brief

Filing #: 60 - 04/25/2008 - Received via CDX Electronic -- Petitioner's Reply Brief Exhibit 1

Filing #: 61 - 04/25/2008 - Petitioner's Reply Brief (HARD COPY ONLY)

Filing #: 62 - 04/25/2008 - Received via CDX Electronic -- Corrected version of Exhibit one for the Petitioner's Reply Brief

Filing #: 63 - 04/28/2008 - Order Regarding Oral Argument

Filing #: 64 - 05/06/2008 - Letter from Utah State Legislature's Natural Resources, Agriculture, and Environment Interim Committee providing input to the Environmental Appeals Board as we consider permit granted to Deseret Power Electric Cooperative.

Filing #: 65 - 05/08/2008 - Received via CDX Electronic -- Motion to Strike and Alternative Motion for Leave to File Surreply

Filing #: 66 - 05/08/2008 - Original -- Motion to Strike and Alternative Motion for Leave to File Surreply (HARD COPY ONLY)

Filing #: 67 - 05/12/2008 - Received via CDX Electronic -- Statement of Amicus Utility Air Regulatory Group in Support of Respondent United States EPA Region VIII and Amicus EPA Office of Air and Radiation's Motion to Strike and Alternative Motion for Leave to File Surreply

Filing #: 68 - 05/14/2008 - Statement of Permittee Deseret Power Electric Cooperative in Support of Respondent United States EPA Region VIII and Amicus EPA Office of Air and Radiation's Motion to Strike and Alternative Motion for Leave to File Surreply

Filing #: 69 - 05/19/2008 - Petitioner's Opposition to Motion to Strike

Filing #: 70 - 05/19/2008 - Letter Notifying EAB That Joanne Spalding Will Be Presenting Oral Argument on Behalf of Sierra Club.

Filing #: 71 - 05/19/2008 - Statement of Amicus Utility Air Regulatory Group in Support of Respondent United States EPA Region VIII and Amicus EPA Office of Air and Radiation's Motion to Strike and Alternative Motion for Leave to File Surreply.

Filing #: 72 - 05/20/2008 - Fax -- Letter Informing the Board that Morgan A. Costello, Assistant Attorney General, Will Present Argument on Behalf of Amici Curiae the Attorneys General of New York, California, Connecticut, Delaware, Maine, Massachusetts, Rhode Island, and Vermont at the Oral Argument Scheduled May 29, 2008.

Filing #: 73 - 05/20/2008 - Fax -- Letter Informing the Board that James H. Russell Will Be Permittee's Counsel Presenting Oral Argument on Behalf of Deseret Power Electric Cooperative at Oral Argument Scheduled for May 29, 2008.

Filing #: 74 - 05/20/2008 - Order Granting Motion to Strike

Filing #: 75 - 05/16/2008 - Letter that Brian L. Doster, Office of General Counsel will appear at oral argument on May 29, 2008 on behalf of EPA Region 8 and Office of Air and Radiation

Filing #: 76 - 05/16/2008 - Letter that Allison D. Wood, will present oral argument on May 29, 2008 on behalf of amicus Utility Air Regulatory Group

Filing #: 77 - 05/27/2008 - Received via CDX Electronic -- Will not be making an appearance on May 29, 2008

Filing #: 78 - 05/27/2008 - Original -- Letter Informing the Board that James H. Russell Will Be Permittee's Counsel Presenting Oral Argument on Behalf of Deseret Power Electric Cooperative at Oral Argument Scheduled for May 29, 2008. (HARD COPY ONLY)

Filing #: 79 - 05/27/2008 - Original -- Letter Informing the Board that Morgan A. Costello, Assistant Attorney General, Will Present Argument on Behalf of Amici Curiae the Attorneys General of New York, California, Connecticut, Delaware, Maine, Massachusetts, Rhode Island, and Vermont at the Oral Argument Scheduled May 29, 2008. (HARD COPY ONLY)

Filing #: 80 - 06/02/2008 - Letter Notifying EAB that National Parks Conservation Association will not be appearing at the May 29, 2008 Oral Argument.

Filing #: 81 - 05/29/2008 - Oral Argument Transcript

Filing #: 82 - 05/29/2008 - Oral Argument Mini transcript

Filing #: 83 - 06/16/2008 - Order Requesting Further Briefing

Filing #: 84 - 07/09/2008 - Received via CDX Electronic -- Letter with enclosure of the Final Order in Friends of the Chattahoochee, Inc. v. Georgia Dep't of Natural Res issued by the Superior Court of Fulton County, GA

Filing #: 85 - 07/10/2008 - Received via CDX Electronic - Motion for Extension of Time to File a Response to the Board's June 16, 2008 Order

Filing #: 86 - 07/10/2008 - Originial -- Motion for Extension of Time to File a Reponse to the Board's June 16, 2008 Order (HARD COPY ONLY)

Filing #: 87 - 07/10/2008 - Order Granting Extension of Time for Further Briefing

Filing #: 88 - 07/14/2008 - Letter with enclosure of the Final Order in Friends of the Chattahoochee, Inc. v. Georgia Dep't of Natural Res issued by the Superior Court of Fulton County, GA (HARD COPY ONLY)

Filing #: 89 - 08/08/2008 - Received via CDX Electronic -- Response of EPA Region VIII and Office of Air and Radiation to Board's Request for Supplemental Briefing

Filing #: 89.1 - 08/08/2008 - Response of EPA Region VIII and Office of Air and Radiation to Board's Request for Supplemental Briefing Exhibit 1

Filing #: 90 - 08/08/2008 - Received via Hand-delivery -- Response of EPA Region VII and Office of Air and Radiation to Board's Request for Supplemental Briefing -- Exhibits (HARD COPY ONLY)

Filing #: 91 - 09/05/2008 - Supplemental Brief of Permittee Deseret Power Electric Cooperative in Response to the Board's June 16, 2008 Request for Supplemental Briefing

Filing #: 92 - 09/10/2008 - Received via CDX Electronic -- Region 8/EPA Notice re: Delaware State Implementation Plan Rule

Filing #: 93 - 09/09/2008 - Received via CDX Electronic -- OAR, Region 8 and OGC have recently learned that on April 29, 2008, EPA Region 3 issued a final approval of a Delaware State SIP

Filing #: 94 - 09/11/2008 - Received via CDX Electronic -- Response of Petitioner Sierra Club to EPA;s Supplemental Brief

Filing #: 95 - 09/12/2008 - Original -- Response of Petitioner Sierra Club to EPA's Supplemental Brief (HARD COPY ONLY)

Filing #: 96 - 09/10/2008 - Original -- OAR, Region 8 and OGC have recently learned that on April 29, 2008, EPA Region 3 issued a final approval of a Delaware State SIP (HARD COPY ONLY)

Filing #: 97 - 09/12/2008 - Received via CDX Electronic -- Supplemental Brief Amici Curiae of Utah and Western Non-Governmental Organizations

Filing #: 98 - 09/12/2008 - Original -- Supplemental Brief Amici Curiae of Utah and Western Non-Governmental Organizations (HARD COPY ONLY)

Filing #: 99 - 09/12/2008 - Received via CDX Electronic -- Deseret Supplemental Brief Attachment A

Filing #: 100 - 09/12/2008 - Received via CDX Electronic -- Deseret Supplemental Brief Attachment B

Filing #: 101 - 09/12/2008 - Received via CDX Electroni -- Deseret Supplemental Brief Attachment C

Filing #: 102 - 09/12/2008 - Received via CDX Electronic -- Deseret Supplemental Brief Attachment D

Filing #: 103 - 09/12/2008 - Received via CDX Electronic -- Supplemental Brief of Amici Curiae American Petroleum Institute et al

Filing #: 104 - 09/12/2008 - Original -- Supplemental Brief of Amici Curiae American Petroleum Institute, American Chemistry Council, American Royalty Council, Chamber of Commerce of the United States, et al (HARD COPY ONLY)

Filing #: 105 - 09/12/2008 - Response of Amicus Curiae Utility Air Regulatory Group to the Board's Request for Supplemental Briefing

Filing #: 105.1 - 09/12/2008 - Deseret Supplemental Briefing - Attachment A

Filing #: 105.2 - 09/12/2008 - Deseret Supplemental Briefing - Attachment B

Filing #: 105.3 - 09/12/2008 - Deseret Supplemental Briefing - Attachment C

Filing #: 105.4 - 09/12/2008 - Deseret Supplemental Briefing - Attachment D

Filing #: 106 - 11/13/2008 - Order Denying Review in Part and Remanding in Part

Filing #: 107 - 12/08/2008 - Insufficient Address -- Return to Sender-- Order Denying Review in Part and Remanding in Part (HARD COPY ONLY)