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COM. OF PA., DEPT. OF ENVIRON. RES. v. E. P. A.

Nos. 79-1057, 79-1466.

618 F.2d 991 (1980)

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, National Coal Association, Intervenor. PENNSYLVANIA CITIZENS COALITION and Environmental Law Council of University of Pittsburgh School of Law, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Third Circuit.

Decided February 12, 1980.

Opinion on Rehearing March 28, 1980.

Attorney(s) appearing for the Case

K. W. James Rochow (argued), Gary Waxman, Asst. Attys. Gen., Philadelphia, Pa., for petitioner Commonwealth of Pennsylvania, Dept. of Environmental Resources.

Patrick Charles McGinley (argued), Morgantown, W. Va., for Environmental Group petitioners.

George C. Freeman, Jr., Michael B. Barr (argued), Scott Slaughter, Hunton & Williams, Washington, D. C., for intervenor-respondent National Coal Ass'n; Robert F. Stauffer, Gen. Counsel, National Coal Ass'n, Washington, D. C., of counsel.

Sanford Sagalkin, Acting Asst. Atty. Gen., Angus Macbeth, Bingham Kennedy, Attys., Dept. of Justice, Washington, D. C., for respondent Environmental Protection Agency; Joan Z. Bernstein, Gen. Counsel, Steven Schatzow, Deputy Associate Gen. Counsel, Barry S. Neuman, Atty. (argued), E. P. A., Washington, D. C., of counsel.

Before GIBBONS, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

These consolidated cases are petitions to review regulations, promulgated by the Administrator of the Environmental Protection Agency, which establish standards of performance for new point sources in the coal mining industry. Petitioner in No. 79-1057 is the Department of Environmental Resources of the Commonwealth of Pennsylvania. Petitioners in No. 79-1466 are the Pennsylvania Citizens Coalition and the Environmental...

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