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BROWN v. ENVIRONMENTAL PROTECTION AGCY.

Nos. 73-3306, 73-3305, 73-3307 and 77-2558.

566 F.2d 665 (1977)

Edmund G. BROWN et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. PEOPLE OF the STATE OF CALIFORNIA ex rel. Evelle J. YOUNGER, Attorney General, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Ninth Circuit.

December 23, 1977.

Attorney(s) appearing for the Case

Joel S. Moskowitz (argued), Sacramento, Cal., M. Weinberger, San Francisco, Cal., for petitioners.

Neil T. Proto (argued), Washington, D. C., Michael Graves (argued), San Francisco, Cal., for respondent.

Before WRIGHT, KILKENNY and SNEED, Circuit Judges.

SNEED, Circuit Judge:

This case in a somewhat more expanded form has been before this court previously. See Brown v. Environmental Protection Agency, 521 F.2d 827 (9th Cir. 1975), vacated 431 U.S. 99, 97 S.Ct. 1635, 52 L.Ed.2d 166, (Brown I). There we held that neither section 113(a)(1) nor section 113(a)(2) of the then existing version of the Clean Air Act, 42 U.S.C.A. § 1857c...

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