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FRIENDS OF THE EARTH v. U. S. ENVIRONMENTAL PRO. AGCY.

No. 895, Docket 73-2038.

499 F.2d 1118 (1974)

FRIENDS OF THE EARTH et al., Petitioners, v. The U. S. ENVIRONMENTAL PROTECTION AGENCY and Nelson Rockefeller, in his capacity as Governor of New York, Respondents.

United States Court of Appeals, Second Circuit.

Decided July 1, 1974.

Attorney(s) appearing for the Case

Anthony Z. Roisman, Washington, D. C. and David G. Hawkins, Natural Resources Defense Council, New York City (Berlin, Roisman & Kessler, Washington, D. C., Cullen Phillips, David Schoenbrod, Robert Rauch and Tom Powers, Law Student Assts., Natural Resources Defense Council, New York City, on the brief), for petitioners.

Lloyd S. Guerci, Washington, D. C. (Wallace H. Johnson, Asst. Atty. Gen., Raymond N. Zagone, Atty., Dept. of Justice, Washington, D. C., on the brief), for respondent, Environmental Protection Agency.

James P. Corcoran, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N. Y., Irving Galt and Philip Weinberg, Asst. Attys. Gen., on the brief), for respondent, Governor of the State of New York.

Before LUMBARD and HAYS, Circuit Judges, and JAMESON, District Judge.

LUMBARD, Circuit Judge:

Pursuant to § 307(b)(1) of the Clean Air Act, 42 U.S.C. § 1857h-5(b)(1), petitioners, a group of environmental and public interest organizations concerned with the quality of New York's air, ask this court to review the approval of New York's transportation control plan for the New York City metropolitan area by the Administrator of the Environmental Protection Agency (EPA). We grant review in part and deny review in part.

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