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STATE OF ALASKA v. ENVIRONMENTAL PROTECTION AGCY.

Nos. 73-3576, 73-3607.

521 F.2d 842 (1975)

STATE OF ALASKA, etc., et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. J. C. PENNEY COMPANY, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Ninth Circuit.

August 15, 1975.

Attorney(s) appearing for the Case

Jonathan K. Tillinghast (argued), Deputy Atty. Gen. of Alaska, Juneau, Alaska, for petitioner State of Alaska.

David J. Toomey (argued), Los Angeles, Cal., for petitioner J. C. Penney Co., Inc.

Patrick A. Mulloy (argued), and William F. Petersen (argued), Dept. of Justice, Washington, D. C., for respondent.

Before WRIGHT, KILKENNY and SNEED, Circuit Judges.

OPINION

SNEED, Circuit Judge:

This is a proceeding initiated by petitions for review timely filed pursuant to section 307(b) of the Clean Air Act,1 by the State of Alaska and J. C. Penney Company, Inc., challenging the validity of certain regulations pertaining to the control of air pollution in Alaska, promulgated by the Administrator of the Environmental Protection Agency.

The petition of J. C. Penney Company, Inc....

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