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COMMONWEALTH OF PA. v. ENVIRONMENTAL PROTECTION AGCY.

No. 73-2121.

500 F.2d 246 (1974)

COMMONWEALTH OF PENNSYLVANIA, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Third Circuit.

Decided June 28, 1974.

Attorney(s) appearing for the Case

Barbara H. Brandon, and Karin Carter, Asst. Attys. Gen. of Pa., Harrisburg, Pa., for petitioner.

Wallace H. Johnson, Asst. Atty. Gen., and Edmund B. Clark, Martin Green, and Michael D. Graves, Attys., U. S. Dept. of Justice, Washington, D. C., for respondent.

Before VAN DUSEN, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This case is before this court on a petition of the Commonwealth of Pennsylvania to review the action of the Administrator of the Environmental Protection Agency ("EPA") in promulgating a transportation control plan for Pennsylvania, 40 C.F.R. Part 52, Subpart NN, 38 Fed.Reg. 32884 (November 28, 1971).1 The issues presented are: (1) whether the Administrator erred in including in...

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