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DUQUESNE LIGHT CO. v. ENVIRONMENTAL PRO. AGCY.

No. 72-1542.

522 F.2d 1186 (1975)

DUQUESNE LIGHT COMPANY et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Third Circuit.

Decided August 21, 1975.

Attorney(s) appearing for the Case

David McNeil Olds, John McN. Cramer, Robert M. Walter, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for petitioners.

Wallace H. Johnson, Asst. Atty. Gen., Edmund B. Clark, Martin Green, John E. Varnum, Attys., Dept. of Justice, Robert V. Zener, Gen. Counsel, Norman S. Spindel, Atty., Environmental Protection Agency, Washington, D. C., for respondent.

Before ADAMS, ROSENN and HUNTER, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

Resolution of this appeal requires us to address two principal issues with respect to the approval by the Administrator of the Environmental Protection Agency of the sulfur oxide emission limitations in the implementation plan adopted by Pennsylvania in response to the Clean Air Act Amendments of 1970:1

(1) Did the Administrator act arbitrarily in concluding that compliance...

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