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FRIENDS OF THE EARTH v. CAREY

Dockets 75-7497, 76-3054.

552 F.2d 25 (1977)

FRIENDS OF THE EARTH et al., Plaintiffs-Appellants, v. Hugh CAREY et al., Defendants-Appellees, and Russell E. Train, Defendant. FRIENDS OF THE EARTH et al., Petitioners, v. Honorable Kevin T. DUFFY, United States District Judge for the Southern District of New York, Respondent.

United States Court of Appeals, Second Circuit.

Decided January 18, 1977.

Attorney(s) appearing for the Case

David Schoenbrod, Ross Sandler, Eric A. Goldstein, New York City, for plaintiff-appellant Natural Resources Defense Council, Inc.

W. Bernard Richland, Corp. Counsel, New York City (Alexander Gigante, Jr., New York City, of counsel), for City defendants-appellees.

Peter R. Taft, Asst. Atty. Gen., Edmund B. Clark, Neil T. Proto, Michael D. Graves, Attys., Dept. of Justice, Washington, D.C. (Gerald K. Gleason, Deputy Associate Gen. Counsel, E.P.A., Washington, D.C., of counsel), for defendant Russell E. Train.

Before MANSFIELD, TIMBERS and MESKILL, Circuit Judges.

MANSFIELD, Circuit Judge:

For the third time the Transportation Control Plan for the Metropolitan New York City Area ("the Plan"), a plan for control of that area's automobile pollution, submitted by the State of New York ("the State") to the Environmental Protection Agency ("EPA") pursuant to § 110(a)(1) of the Clean Air Amendments of 1970, 42 U.S.C. § 1857c-5(a)(1), and approved by it, is before this Court. In 1974 we upheld the validity of the Plan in...

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