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CONSOLIDATION COAL CO. v. COSTLE

No. C-2-79-294.

483 F.Supp. 1003 (1979)

CONSOLIDATION COAL COMPANY, Plaintiff, v. Douglas M. COSTLE, Administrator of the Environmental Protection Agency, and the United States Environmental Protection Agency, Defendants.

United States District Court, S. D. Ohio, E. D.

October 3, 1979.

Attorney(s) appearing for the Case

Daniel E. Rogers, Pittsburgh, Pa., John W. Edwards, Columbus, Ohio, Anthony J. Polito, Lawrence A. Demase, Ronald S. Cusano, Pittsburgh, Pa., for plaintiff.

Matthew B. Van Hook, U.S. Environmental Protection Agency, Washington, D. C., Paul M. Kaplow, Stephen D. Ramsey, Dept. of Justice, Washington, D. C., for defendants.

OPINION AND ORDER

DUNCAN, District Judge.

This is an action brought by Consolidation Coal Company (hereafter Consol) against the United States Environmental Protection Agency (hereafter EPA) and its Administrator, Douglas M. Costle, challenging the agency's action under the Clean Air Act, 42 U.S.C. § 7401, et seq. The matter is presently before the Court on plaintiff's motion for a preliminary injunction. For the reasons stated below, I conclude...

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