NO. In the Supreme Court of the United States STATE OF OKLAHOMA; OKLAHOMA INDUSTRIAL ENERGY CONSUMERS; OKLAHOMA GAS AND ELECTRIC COMPANY, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; SIERRA CLUB, Respondents. On Petition for Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit PETITION FOR WRIT OF CERTIORARI Michael Graves E. Scott Pruitt Thomas P. Schroedter Oklahoma Attorney General HALL ESTILL, Patrick R. Wyrick Attorneys at Law Solicitor General 320 South Boston Ave. Counsel of Record Suite 200 P. Clayton Eubanks Tulsa, OK 74103 Deputy Solicitor General (918) 594-0443 OKLAHOMA ATTORNEY GENERALS OFFICE Attorneys for Petitioner 313 NE 21st Street Oklahoma Industrial Oklahoma City, OK 73105 Energy Consumers (405) 521-3921
[email protected] Attorneys for Petitioner State of Oklahoma (additional counsel listed on inside cover) Becker Gallagher · Cincinnati, OH · Washington, D.C. · 800.890.5001 Brian J. Murray Charles T. Wehland Dennis Murashko JONES DAY 77 West Wacker Drive Chicago, IL 60601 (312) 782-3939 Michael L. Rice JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 (832) 239-3640 Attorneys for Petitioner Oklahoma Gas And Electric Company i QUESTION PRESENTED The Regional Haze Program of the Clean Air Act allocates to the States the task of fashioning and then implementing plans to improve the aesthetic quality of air over certain federal lands. The question presented is whether, despite that allocation of powers to the States, the United States Environmental Protection Agency may nonetheless conduct a de novo review of the State of Oklahomas plan, in conflict with both the limited authority granted to the agency under the Act and decisions of this and other courts that have recognized the primary role given to the States in implementing the Clean Air Act.