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BUCKEYE POWER, INC. v. E. P. A.

Nos. 74-1513, 74-1521, 74-1539 and 74-1540.

525 F.2d 80 (1975)

BUCKEYE POWER, INC., et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, and Russell E. Train, Administrator of the Environmental Protection Agency, Respondents, State of Ohio, Intervenor. REPUBLIC STEEL CORPORATION, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and Administrator, Environmental Protection Agency, Respondents, State of Ohio, Intervenor. YOUNGSTOWN SHEET AND TUBE COMPANY, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and Administrator, Environmental Protection Agency, Respondents, State of Ohio, Intervenor. UNITED STATES STEEL CORPORATION, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and Administrator, Environmental Protection Agency, Respondents, State of Ohio, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided October 24, 1975.

Rehearing Denied January 21, 1976.

Attorney(s) appearing for the Case

Leslie Henry, Wilson W. Snyder, Fuller, Henry, Hodge & Snyder, Thomas L. Young, Toledo, Ohio, for petitioners in No. 74-513.

James C. Sennett, Jr., Jones, Day, Cockley & Reavis, Cleveland, Ohio, for petitioner in No. 74-1521.

Norman S. Jeavons, Russell E. Leasure, Baker, Hostetler & Patterson, William W. Falsgraf, Cleveland, Ohio, for petitioner in No. 74-1539.

J. Van Carson, Squire, Sanders & Dempsey, Cleveland, Ohio, for petitioner in No. 74-1540.

Alan G. Kirk, II, Gen. Counsel E.P.A., Washington, D. C., Wallace H. Johnson, Edmund B. Clark, John E. Varnum, Dept. of Justice, Washington, D. C., Lloyd S. Guerci, Land and Natural Resources Div., Dept. of Justice, Washington, D. C., for respondents.

Before PHILLIPS, Chief Judge, and EDWARDS and MILLER, Circuit Judges.

EDWARDS, Circuit Judge.

In a consolidated hearing we consider four petitions from a number of Ohio steel mills and power companies to review the actions of the Environmental Protection Administrator Russell Train in approving Ohio's plan for improvement of the quality of the ambient air under the Clean Air Act Amendments of 1970, 42 U.S.C. §§ 1857-58 (1970). Ohio's regulations in this regard were adopted in 1972...

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