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NATURAL RESOURCES, ETC. v. ENVIRONMETAL PRO. AGENCY

Nos. 72-1219, 72-1224.

478 F.2d 875 (1973)

NATURAL RESOURCES DEFENSE COUNCIL, INC., PROJECT ON CLEAN AIR, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. NATURAL RESOURCES DEFENSE COUNCIL, INC., PROJECT ON CLEAN AIR, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, First Circuit.

Decided May 2, 1973.

Attorney(s) appearing for the Case

Richard E. Ayres and Thomas B. Arnold, Boston, Mass., for petitioners.

Thomas C. Lee, Washington, D. C., Atty., Department of Justice, with whom Kent Frizzell, Asst. Atty. Gen., Edmund B. Clark, and Martin Green, Attys., Department of Justice, were on brief, for respondent in case 72-1219.

John P. Hills, Atty., Department of Justice, with whom Kent Frizzell, Asst. Atty. Gen., Edmund B. Clark, and Martin Green, Attys., Department of Justice, were on brief, for respondent in case 72-1224.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

CAMPBELL, Circuit Judge.

Petitioners seek review1 of decisions by the Administrator of the Environmental Protection Agency (E.P.A.) approving portions of the Rhode Island and Massachusetts air pollution implementation plans.2

The Clean Air Amendments of 1970 [to the Air Quality Act of 1967], 42 U.S.C. § 1857c-3 et seq., require the Administrator — as he has already done — to establish...

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