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ASSOCIATION OF AM. RAILROADS v. COSTLE

No. 76-1353.

562 F.2d 1310 (1977)

ASSOCIATION OF AMERICAN RAILROADS, Chesapeake and Ohio Railway Company, Chicago and Northwestern Transportation Company, and Southern Railway Company, Petitioners, v. Douglas M. COSTLE, Administrator of the Environmental Protection Agency and the Environmental Protection Agency, Respondents, The State of Illinois, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 23, 1977.

Attorney(s) appearing for the Case

Richard J. Flynn, Washington, D. C., with whom Lee A. Monroe and Joseph B. Tompkins, Jr., Washington, D. C., were on the brief, for petitioners.

Erica L. Dolgin, Atty., Dept. of Justice, Washington, D. C., with whom Peter R. Taft, Asst. Atty. Gen. and Jeffrey O. Cerar, Atty., E. P. A., Washington, D. C., were on the brief, for respondents.

Russell R. Eggert, Chicago, Ill., was on the brief, for intervenor.

Before TAMM and WILKEY, Circuit Judges, and WILLIAM B. JONES, United States Senior District Judge for the United States District Court for the District of Columbia.

Opinion for the Court filed by WILKEY, Circuit Judge.

WILKEY, Circuit Judge:

In this petition for review,1 the Association of American Railroads2 (AAR) challenges the validity of the action of the Administrator of the Environmental Protection Agency (EPA) in promulgating Railroad Noise Emission Standards limited to rail cars and locomotives operated by surface...

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