PORTLAND CEMENT ASSOCIATION v. RUCKELSHAUS

No. 72-1073.

486 F.2d 375 (1973)

PORTLAND CEMENT ASSOCIATION an Illinois not-for-profit corporation, Petitioner, v. William D. RUCKELSHAUS, Administrator, Environmental Protection Agency, Respondent. Medusa Portland Cement Co. and Northwestern States Portland Cement Co., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 1973.

As Amended on Denial of Rehearing October 1, 1973.


Attorney(s) appearing for the Case

Robert E. Haythorne, with whom Perry S. Patterson, Washington, D. C., was on the brief for petitioner.

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. Raymond N. Zagone, Atty., Dept. of Justice also entered an appearance for respondent.

Robert H. Shepard, Mason City, Iowa, was on the brief for intervenor, Northwestern States Portland Cement Co.

William H. Wallace, Cleveland, Ohio, was on the brief for intervenor, Medusa Corp.

Turner T. Smith, Jr., filed a brief on behalf of Long Island Lighting Co. and National Asphalt Pavement Ass'n, as amici curiae urging reversal.

Perry S. Patterson, Washington, D. C., entered an appearance for intervenors.

Before FAHY, Senior Circuit Judge, and LEVENTHAL and ROBB, Circuit Judges.


LEVENTHAL, Circuit Judge:

Portland Cement Association seeks review1 of the action of the Administrator of the Environmental Protection Agency (EPA) in promulgating stationary source standards for new or modified portland cement plants, pursuant to the provisions of Section 111 of the Clean Air Act.2 Medusa Corporation and Northwestern States Portland Cement Company...

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