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DETROIT EDISON CO. v. UNITED STATES ENVIRONMENT. PRO. AG.

No. 73-1552.

496 F.2d 244 (1974)

The DETROIT EDISON COMPANY, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided April 18, 1974.

Attorney(s) appearing for the Case

Harry H. Voigt, Washington, D. C., for petitioner; Arvin E. Upton, Henry V. Nickel, Washington, D. C., on brief; LeBoeuf, Lamb, Leiby, & MacRae, Washington, D. C., Leon S. Cohan, Peter A. Marquardt, The Detroit Edison Co., Detroit, Mich., of counsel.

James R. Walpole, Dept. of Justice, for respondent; Wallace H. Johnson, Asst. Atty. Gen., Edmund B. Clark, Martin Green, Attys., Dept. of Justice, Washington, D. C., on brief.

Before WEICK, PECK and MILLER, Circuit Judges.

JOHN W. PECK, Circuit Judge.

This case is before us upon petition by the Detroit Edison Company for judicial review pursuant to § 307(b) (1) of the Clean Air Act, 42 U.S.C. § 1857h-5(b) (1) (1970), of a May 14, 1973, regulation promulgated by the Administrator of the Environmental Protection Agency (EPA). The May 1973 regulation specifically amended an earlier EPA regulation promulgated in October of 1972 although the subject matter thereof had been neither...

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