CINCINNATI GAS & ELEC. CO. v. E. P. A.

Nos. 76-2090, 77-1367.

578 F.2d 666 (1978)

The CINCINNATI GAS AND ELECTRIC COMPANY et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and Douglas M. Costle, Administrator of the Environmental Protection Agency, Respondents.

United States Court of Appeals, Sixth Circuit.

June 29, 1978.


Attorney(s) appearing for the Case

Louis E. Tosi, C. Randolph Light, Fuller, Henry, Hodge & Snyder, Toledo, Ohio, Daniel W. Kemp, Cincinnati, Ohio, for petitioners.

Ronald C. Hausmann, E.P.A., Paul Kaplow, Land and Natural Resources Div., Pollution Control Section, Dept. of Justice, Washington, D.C., Mary Ann Muirhead, Region V, E.P.A., Chicago, Ill., for respondents.

John W. Edwards, Lane, Alton & Horst, Columbus, Ohio, for amicus curiae Ohio Mining and Reclamation Ass'n.

William W. Wehr, Freifield, Bruzzese, Wehr, Morland & England, LPA, Stuebenville, Ohio, for amicus curiae Ohio Coal Operators' Ass'n, Inc.

William J. Brown, Atty. Gen. of Ohio, Environmental Law Section, David E. Northrop, Asst. Atty. Gen., Columbus, Ohio, for intervenor, State of Ohio.

Before PHILLIPS, Chief Judge, and EDWARDS and PECK, Circuit Judges.


ORDER

On receipt and consideration of a motion for clarification of this court's opinion, dated February 13, 1978; and

Believing that said opinion is self-explanatory, but understanding petitioners' desire for certainty, we reprint below the specific dispositive paragraphs of Cleveland Electric Illuminating Co. v. EPA, 572 F.2d 1150 (6th Cir. 1978) (Nos. 76-2090 et al.),...

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