The CLEVELAND ELECTRIC ILLUMINATING COMPANY, the Dayton Power & Light Co., the Ohio Edison Co., the Toledo Edison Co., the Timken Co., White-Westinghouse Corp., the Standard Oil Co. of Ohio, Interlake, Inc., the Coulton Chemical Corp., Petitioners, and
The State of Ohio, Intervenor,
v.
ENVIRONMENTAL PROTECTION AGENCY, and Douglas M. Costle, Administrator of the Environmental Protection Agency, Respondents.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued October 21, 1977.
Decided February 13, 1978.
Rehearing and Rehearing Denied April 18, 1978.
Attorney(s) appearing for the Case
Louis E. Tosi, C. Randolph Light, Fuller, Henry, Hodge & Snyder, Toledo, Ohio, Daniel W. Kemp, Cincinnati Gas & Elec., Cincinnati, Ohio, for Cincinnati Gas and Elec. Co., Interlake, Inc. and Coulton Chemical Corp.
Van Carson, Squire, Sanders & Dempsey, Cleveland, Ohio, for White-Westinghouse Corp. and Standard Oil Co.
Robert M. Rybolt, Day, Ketterer, Raley, Wright & Rybolt, Canton, Ohio, C. Randolph Light, Louis E. Tosi, Fuller, Henry, Hodge & Snyder, Toledo, Ohio, for Timken Co.
Paul M. Kaplow, Land and Natural Resources Div., Pollution Control Section, Dept. of Justice, Ronald C. Hausmann, E. P. A., Washington, D. C., Mary Ann Muirhead, E. P. A., Chicago, Ill., James W. Moorman, Asst. Atty. Gen., Angus Macbeth, Chief, Pollution Control Section, Dept. of Justice, Joan Z. Bernstein, Gen. Counsel, E. P. A., Washington, D. C., 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, Columbus, Ohio, for Intervenor, State of Ohio.
Before PHILLIPS, Chief Judge, and EDWARDS and PECK, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
Rehearing and Rehearing En Banc Denied in Nos. 76-2090, 77-1367; 76-2225, 77-1366; 76-2240, 77-1355 April 18, 1978.
EDWARDS, Circuit Judge.
This court now has before it 23 petitions involving 32 companies filed against the United States Environmental Protection Agency which levy a variety of complaints against the federal agency's imposition of a sulfur dioxide (SO2) pollution control plan for industrial discharges into Ohio's ambient...
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