NORTHERN OHIO LUNG ASS'N v. E. P. A.

Nos. 76-2369, 76-2375, 76-2407 and 76-2408.

572 F.2d 1143 (1978)

NORTHERN OHIO LUNG ASSOCIATION and Patricia Smith, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Russell Train, Administrator, Respondent. OHIO EDISON COMPANY, Buckeye Power, Inc., and Ohio Power Company, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Russell E. Train, Administrator, Respondents. The TOLEDO EDISON COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Russell E. Train, Administrator, Respondent. The CLEVELAND ELECTRIC ILLUMINATING COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Russell E. Train, Administrator, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided February 2, 1978.


Attorney(s) appearing for the Case

Michael L. Hardy, James M. Friedman, Guren, Merritt, Sogg & Cohen, Cleveland, Ohio, Donald H. Hauser, The Cleveland Elec. Illuminating Co., Cleveland, Ohio, for Cleveland Elec. Illuminating Co.

A. Mark Segreti, Jr., Segreti & Tousey, Columbus, Ohio, for Northern Ohio Lung Ass'n.

Wilson W. Snyder, Louis E. Tosi, Samuel M. Allen, Fuller, Henry, Hodge & Snyder, C. Randolph Light, Fred J. Lange, Jr., Michael L. Hardy, Toledo, Ohio, for Ohio Edison Co. and Toledo Edison Co.

Lloyd S. Guerci, Peter R. Taft, Alfred T. Ghiorzi, Dept. of Justice, Ronald C. Hausmann, office of Gen. Counsel, E. P. A., Washington, D. C., for respondent.

Before PHILLIPS, Chief Judge, ENGEL, Circuit Judge, and FREEMAN, Senior District Judge.


ENGEL, Circuit Judge.

The several petitions for review considered here challenge approval by the United States Environmental Protection Agency of an April 15, 1977 attainment date for meeting standards for the emission of particulate matter. The State of Ohio established the attainment date in question through a revision to its State Implementation Plan (SIP) filed under the Clean Air Act, 42 U.S.C. § 7401 et seq...

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