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OLJATO CHAPTER OF NAVAJO TRIBE v. TRAIN

Nos. 74-1525 and 74-1587.

515 F.2d 654 (1975)

OLJATO CHAPTER OF the NAVAJO TRIBE et al., Appellants, v. Russell E. TRAIN, Administrator of the Environmental Protection Agency. RED MESA CHAPTER OF the NAVAJO TRIBE, Oljato Chapter of Jicarilla Apache Tribe of Indians, Committee to Save Black Mesa, Inc., Paul Goodman, Mary Gillis, Jackson Gillis, Della Marie G. Black, and Begay Bitsinnie, Petitioners, v. Russell E. TRAIN, Administrator of the Environmental Protection Agency, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 1975.

Attorney(s) appearing for the Case

Joseph J. Brecher, Boulder, Colo., with whom John D. Ross, III, Washington, D. C., was on the brief, for appellants-petitioners.

Robert L. Klarquist, Atty., Dept. of Justice, with whom Wallace H. Johnson, Asst. Atty. Gen., Carl Strass and Lloyd S. Guerci, Attys., Dept. of Justice, and Jeffrey O. Cerar, Atty., Environmental Protection Agency, were on the brief, for appellee-respondent.

Before RIVES, Senior Circuit Judge, and WRIGHT and McGOWAN, Circuit Judges.

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

Petitioners-appellants'1 (hereinafter petitioners) challenge to the refusal of the Administrator of the Environmental Protection Agency (EPA) to revise his previously promulgated standards of performance for new coal-fired power plants raises difficult procedural problems concerning the proper...

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