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ST. JOE MINERALS CORP. v. ENVIRONMENTAL PRO. AGCY.

No. 72-1543.

508 F.2d 743 (1975)

ST. JOE MINERALS CORPORATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Third Circuit.

Decided January 29, 1975.

Attorney(s) appearing for the Case

David McNeil Olds, John McN. Cramer, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for petitioner.

Wallace H. Johnson, Asst. Atty Gen., Edmund B. Clark, Martin Green, John E. Varnum, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before ALDISERT, ADAMS and HUNTER, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The pivotal issue in this appeal is whether the Administrator of the Environmental Protection Agency is vested with the authority to disapprove a state implementation plan, or one of its provisions, drafted pursuant to the Clean Air Act Amendments of 1970, when the Administrator has found such plan to be "technologically infeasible."

I.

Under the Clean Air Act Amendments of 1970, the Administrator...

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