NATIONAL LIME ASS'N v. E. P. A.

No. 78-1385.

627 F.2d 416 (1980)

NATIONAL LIME ASSOCIATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and Douglas M. Costle, Administrator of Environmental Protection Agency.

United States Court of Appeals, District of Columbia Circuit.

Decided May 19, 1980.


Attorney(s) appearing for the Case

Arthur A. March, Englewood, Colo., a member of the bar of the Supreme Court of Connecticut pro hac vice by special leave of court with whom Henry W. Leeds, Washington, D. C., was on the brief, for petitioner.

Earl Salo, Atty., EPA, Washington, D. C., with whom Joan Z. Bernstein, Gen. Counsel, EPA, James W. Moorman, Asst. Atty. Gen., Angus MacBeth and Raymond W. Mushal, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

Before TAMM and WALD, Circuit Judges, and GREENE, United States District Judge for the District of Columbia.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

The National Lime Association (NLA), representing ninety percent of this country's commercial producers of lime and lime hydrate (the industry), challenges the new source performance standards (NSPS) for lime manufacturing plants issued by the Environmental Protection Agency (EPA, Administrator or Agency) under § 111 of the Clean Air Act (the Act), 42 U.S.C. § 7411 (Supp. I 1977...

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