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U.S. STEEL v. U.S. ENVIRONMENTAL PROTECTION

Nos. 78-1922, 78-1927.

598 F.2d 915 (1979)

UNITED STATES STEEL CORP., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. REPUBLIC STEEL CORPORATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fifth Circuit.

July 10, 1979.

Attorney(s) appearing for the Case

Thomas, Taliaferro, Forman, Burr & Murray, J. Ross Forman, III, Robert G. Tate, Birmingham, Ala., for petitioner in case No. 78-1927.

James W. Moorman, Asst. Atty. Gen., Angus Macbeth, Chief Pollution Control Sec., Land & Natural Res. Div., Dept. of Justice, Washington, D.C., for respondent in case No. 78-1927.

Phelps, Dunbary, Marks, Claverie & Sims, Eugene R. Preaus, New Orleans, La., Thorp, Reed & Armstrong, Peter G. Veeder, Pittsburgh, Pa., for petitioner in case No. 78-1922.

James N. Cahan, Atty., EPA, Barbara H. Brandon, Asst. Atty. Gen., Land & Natural Res. Div., Dept. of Justice, Washington, D.C., for respondents in both cases.

Before GODBOLD, Circuit Judge, SKELTON, Senior Judge, and RUBIN, Circuit Judge.

ON PETITION FOR REHEARING

GODBOLD, Circuit Judge:

The EPA has petitioned for a rehearing on or clarification of the issue of application of the Emission Offset Ruling referred to in the last part of our original opinion. The petition must be granted to the following extent.

The Offset Ruling applies fairly stringent limitations on the construction of any new emissions source that would cause an NAAQS violation or exacerbate an existing one. As the...

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