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MISION IND., INC. v. E. P. A.

No. 75-1377.

547 F.2d 123 (1976)

MISION INDUSTRIAL, INC., et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and Russell Train, Administrator, Respondents.

United States Court of Appeals, First Circuit.

Decided December 10, 1976.

Attorney(s) appearing for the Case

David Schoenbrod, New York City, and Richard Ayres, Washington, D. C., with whom Edward Frank, Ross Sandler, New York City, Arthur Gutekunst, Brooklyn, N. Y., and Marcia Tompkins, Washington, D. C., were on brief, for petitioners.

Lee R. Tyner, Atty., Dept. of Justice, and Jeffrey O. Cerar, Atty., E. P. A., with whom Peter R. Taft, Asst. Atty. Gen., Robert V. Zener, Gen. Counsel, E. P. A., and Alfred T. Ghiorzi, Atty., Dept. of Justice, Washington, D. C., were on brief, for respondents.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Mision Industrial and other environmental groups and individuals seek review1 of a decision made by the Acting Administrator of the Environmental Protection Agency (EPA) approving a revision to the air implementation plan for the Commonwealth of Puerto Rico. The challenged revision substitutes for the approach used in the original plan a new and different strategy for controlling sulfur dioxide (SO

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