U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

Mirant Potomac River, LLC v. EPA, No. 08-1277

In a petition for review of the EPA's approval of Virginia's Clean Air Interstate Rule State Implementation Plan, the petition is dismissed where petitioner lacked standing because its alleged injury flowed from Virginia's Nonattainment Provisions, which were separate emissions standards.

Read Mirant Potomac River, LLC v. EPA, No. 08-1277

Appellate Information

Argued: May 12, 2009

Decided: August 12, 2009


Opinion by Judge Duncan


For Petitioner:

Jeffrey R. Holmstead, Bracewell & Giuliana, LLP, Washington, DC

For Respondents:

Jon Michael Lipshultz, U.S. Department of Justice, Environmental Defense Section, Washington, DC