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STATE OF ARIZONA v. ENVIRONMENTAL PROTECTION AGCY.

Nos. 73-3577, 73-3588, 74-1001, 74-1002, 74-1009 and 74-1013.

521 F.2d 825 (1975)

STATE OF ARIZONA et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. BROADWAY-HALE STORES, INC., et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. PROPER ENVIRONMENTAL PLANNING, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. SEARS, ROEBUCK AND COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. SAFEWAY STORES, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. HOMART DEVELOPMENT CO., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Ninth Circuit.

September 8, 1975.

Attorney(s) appearing for the Case

Patrick Murphy, Asst. Atty. Gen. of Ariz. (argued), Phoenix, Ariz., for petitioner in No. 73-3577.

Henry C. Thumann (argued), Los Angeles, Cal., for petitioner in No. 73-3588.

Richard K. Mallery, Phoenix, Ariz., for petitioner in No. 74-1001.

Vincent W. Jones, Alhambra, Cal., for petitioner in No. 74-1002.

Henry C. Thumann, Los Angeles, Cal., for petitioner in No. 74-1009.

Alex D. Fred, Los Angeles, Cal., for petitioner in No. 74-1013.

Michael Graves, Atty. (argued), App. Section, Land & Nat. Resources Div., Dept. of Justice, Washington, D. C., for respondent in Nos. 73-3577, 73-3588.

Edmund B. Clark, Chief, App. Section, Land & Nat. Resources Div., Dept. of Justice, Washington, D. C., Russell E. Train & J. Bonine, Environmental Protection Agency, Washington, D. C., Cassandra Dunn, Regional Counsel, Environmental Protection Agency, San Francisco, Cal., for respondent in Nos. 74-1001, 74-1002, 74-1009 and 74-1013.

Before ELY, TRASK and SNEED, Circuit Judges.

OPINION

SNEED, Circuit Judge:

The Environmental Protection Agency has indefinitely suspended those portions of the Maintenance of National Standards regulation, 40 C.F.R. § 52.22 (1974), which cover parking-related facilities, and the Management of Parking Supply regulation, 40 C.F.R. § 52.139 (1974), in its entirety. 40 Fed.Reg. 28064, 29713 (1975). Further, the EPA indicated in oral argument of Brown v. Environmental Protection Agency,

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