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COMMONWEALTH EDISON v. POLLUTION CONTROL BD.

No. 57487.

25 Ill. App.3d 271 (1974)

323 N.E.2d 84

COMMONWEALTH EDISON COMPANY, Petitioner, v. THE POLLUTION CONTROL BOARD et al., Respondents.

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied January 23, 1975.

Attorney(s) appearing for the Case

Isham, Lincoln & Beale, of Chicago (Richard E. Powell, Charles E. Whalen, and Gerald D. Mindell, of counsel), for petitioner.

William J. Scott, Attorney General, of Springfield (James I. Rubin, Richard W. Cosby, and Thomas J. Immel, Assistant Attorneys General, and Merideth Wright, Senior Law Student, of counsel), for respondents.

Affirmed in part, reversed in part and remanded.

Mr. PRESIDING JUSTICE McNAMARA delivered the opinion of the court:

In 1971, the Federal Environmental Protection Agency, acting under the Clean Air Act amendments of 1970 (42 U.S.C. § 1857 et seq. (1970), amending 81 Stat. 485 (1967)), adopted new primary and secondary ambient-air-quality standards. (42 C.F.R. § 410.1 et seq. (1971).) By its terms the States were required to devise their...

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