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OHIO ENVIRON. COUNCIL v. UNITED STATES, ETC.

No. 78-3104.

593 F.2d 24 (1979)

The OHIO ENVIRONMENTAL COUNCIL, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Columbus and Southern Ohio Electric Co., Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided February 16, 1979.

Attorney(s) appearing for the Case

A. Mark Segreti, Jr., Segreti & Tousey Co., LPA, Columbus, Ohio, for petitioner.

Ronald Hausmann, Environmental Protection Agency, Washington, D. C., Mary Ann Muirhead, EPA, Region V, Chicago, Ill., for intervenor.

Paul M. Kaplow, Dept. of Justice, Washington, D. C., Pollution Control Section, Land & Natural Resources Division, for respondent.

Before LIVELY and MERRITT, Circuit Judges; and CECIL, Senior Circuit Judge.

LIVELY, Circuit Judge.

The Ohio Environmental Council (OEC or petitioner) petitions for review of a "final rule" of the United States Environmental Protection Agency (U.S. EPA or respondent) approving a revision of the Ohio State Implementation Plan (SIP) previously adopted by Ohio and approved by U.S. EPA on May 31, 1972 pursuant to the Clean Air Act, 42 U.S.C. § 7401 et seq.1 (the Act). The revision exempts two boilers at...

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