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CITY OF SANTA ROSA v. U.S.E.P.A.

No. 73-3262.

534 F.2d 150 (1976)

CITY OF SANTA ROSA et al., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Ninth Circuit.

March 29, 1976.

Attorney(s) appearing for the Case

Barry J. Wolf (argued), San Jose, Cal., David J. Toomey (argued), New York City, Henry C. Thumann (argued), Los Angeles, Cal., Joel S. Moskowitz (argued), San Francisco, Cal., John H. Findley (argued), Sacramento, Cal., for petitioners in Nos. 73-3259 to 73-3607.

Michael D. Graves (argued), Washington, D.C., for respondents.

Before: WRIGHT, KILKENNY and SNEED, Circuit Judges.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

This proceeding evolved from numerous petitions for review of regulations promulgated by the Environmental Protection Agency (EPA) under the 1970 amendments to the Clean Air Act (the Act).1 In due course, petitioners were informed at a pre-hearing conference that the court contemplated entering a judgment regarding the constitutional issues pursuant to Rule 54(b), Fed.R.Civ.P., prior to...

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