ESSEX CHEMICAL CORPORATION et al., Petitioners,
v.
William D. RUCKELSHAUS, Administrator, Environmental Protection Agency, Respondent.
APPALACHIAN POWER COMPANY et al., Petitioners,
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 27, 1973.
Decided September 10, 1973.
Rehearing Denied October 3, 1973.
Attorney(s) appearing for the Case
Robert C. Barnard, Washington, D. C., with whom Donald L. Morgan and Edward Maguire, Washington, D. C., were on the brief, for petitioners in No. 72-1072. Kenneth L. Rachman, Jr., and Douglas E. Kliever, Washington, D. C., also entered an appearance for petitioners in No. 72-1072.
H. Edward Dunkelberger, Jr., Washington, D. C., with whom Theodore L. Garrett, Washington, D. C., was on the brief, for petitioners in No. 72-1079.
James R. Walpole, Atty., Dept. of Justice, with whom Kent Frizzell, Asst. Atty. Gen., Edmund B. Clark and Martin Green, Attys., Dept. of Justice, were on the brief for respondent in No. 72-1072.
Thomas C. Lee, Atty., Dept. of Justice, of the bar of the Supreme Court of Michigan, pro hac vice, by special leave of court, with whom Kent Frizzell, Asst. Atty. Gen., Edmund B. Clark and Martin Green, Attys., Dept. of Justice, were on the brief, for respondent in No. 72-1079.
Turner T. Smith, Jr., filed a brief on behalf of Long Island Lighting Co. and National Asphalt Pavement Assn., as amici curiae urging reversal.
Before WRIGHT and TAMM, Circuit Judges, and DAVIES, Senior District Judge for the District of North Dakota.
United States Court of Appeals, District of Columbia Circuit.
TAMM, Circuit Judge:
These two appeals, consolidated for purposes of argument and decision, are taken from the action of the Administrator of the Environmental Protection Agency [EPA] in setting "standards of performance" for new or modified stationary sources of pollution pursuant to the mandate of § 111 of the Clean Air Act, as amended [Act], 42 U.S.C. § 1857c-6 (1970). Among the stationary sources for which standards were set are sulfuric acid plants...
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