NATURAL RES. DEF. COUN., INC. v. UNITED STATES ENV. PRO. AG.

Nos. 320, 321, Dockets 72-1728, 72-2165.

494 F.2d 519 (1974)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Second Circuit.

Decided March 13, 1974.


Attorney(s) appearing for the Case

Richard E. Ayres, Washington, D. C., for petitioners.

Henry J. Bourguignon, Dept. of Justice, Washington D. C. (Wallace H. Johnson, Asst. Atty. Gen., Edmund B. Clark, and Martin Green, Dept. of Justice, Washington, D. C., on the brief), for respondent.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen. and Judith A. Gordon, Asst. Atty. Gen., State of New York, for amicus curiae, State Commissioner, on the brief.

Before MOORE, FRIENDLY and ANDERSON, Circuit Judges.


ROBERT P. ANDERSON, Circuit Judge:

The petitioners1 seek a review of the approval given by the Administrator of the Environmental Protection Agency (EPA), to seven of the provisions of the New York air pollution implementation plan.2 These will be considered seriatim. Since many of the same issues have already been discussed in comprehensive and well reasoned opinions by other circuits in similar suits, see...

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