SOUTH TERMINAL CORP. v. ENVIRONMENTAL PROTECTION AGCY.

Nos. 73-1366, 73-1382 to 73-1389.

504 F.2d 646 (1974)

SOUTH TERMINAL CORPORATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, and Russell E. Train, Administrator, Respondents. MASSACHUSETTS PORT AUTHORITY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, and Russell E. Train, Administrator, Respondents. SEARS, ROEBUCK AND CO., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. GULF OIL CORPORATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. TEXACO, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. FITZ-INN AUTO PARKS, INC., et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. PILGRIM PARKING INC., a Massachusetts corporation, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Marvin A. MEYERS, as he is President of Pilgrim Parking Inc., a Massachusetts corporation, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. ASSOCIATED DRY GOOD CORPORATION etc., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, First Circuit.

Decided September 27, 1974.


Attorney(s) appearing for the Case

Joseph L. Cotter, Boston, Mass., with whom Raymond P. Boulanger, Robert B. Fraser, and Goodwin, Procter & Hoar, Boston, Mass., were on brief, for South Terminal Corp., petitioner.

John W. Arata, Boston, Mass., with whom Neil L. Lynch, Boston, Mass., was on brief, for Massachusetts Port Authority, petitioner.

John T. Clary, Philadelphia, Pa., with whom William J. Dailey, Jr., Edward W. Waystack, Boston, Mass., and John R. Galloway, Philadelphia, Pa., were on brief, for Gulf Oil Corp., petitioner.

Robert A. Difilippo, St. Davids, Pa., with whom Edward I. Masterman and Cargill, Masterman & Cahill, Boston, Mass., were on brief, for Sears, Roebuck and Co., petitioner.

Stephen H. Bard, New York City, with whom Lowell N. Elsen, Brookline, Mass., was on brief, for Texaco, Inc., petitioner.

Phillip J. Nexon, Boston, Mass., with whom Alan W. Rottenberg, Barry Brown, Robert C. Davis, and Goulston & Storrs, Boston, Mass., were on brief, for FitzInn Auto Parks, Inc., et al., Pilgrim Parking, Inc., Marvin A. Meyers, and Associated Dry Goods Corp., petitioners.

Carl Strass, Atty., Dept. of Justice, and William F. Pedersen, Atty., Environmental Protection Agency, with whom Wallace H. Johnson, Asst. Atty. Gen., Alan G. Kirk, II, Atty., EPA, Edmund B. Clark, and Martin Green, Attys., Dept. of Justice, were on brief, for respondent.

Charles H. Resnick, Alfred C. Phillips, Paul A. Butler, and Neil E. Minahan, Lexington, Mass., on brief for Raytheon Co., amicus curiae.

Peter Koff, Asst. Corp. Counsel, on brief for the City of Boston, amicus curiae.

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


LEVIN H. CAMPBELL, Circuit Judge.

We are asked to review1 the Metropolitan Boston Air Quality Transportation Control Plan (the plan).2

The plan is aimed at keeping two types of air-borne pollutants, photochemical oxidants and carbon monoxide, from exceeding within Greater Boston the national primary and secondary ambient air quality standards prescribed by the Environmental Protection Agency (EPA) under...

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