AMERICAN PETROLEUM INSTITUTE v. COSTLE

No. 79-1104.

609 F.2d 20 (1979)

AMERICAN PETROLEUM INSTITUTE, Petitioner, v. Douglas M. COSTLE, Administrator, and Environmental Protection Agency, Respondents, American Petroleum Institute and 15 of its member companies, Chemical Manufacturers Association, The St. Louis Regional Commerce & Growth Association, Natural Resources Defense Council, et al., The State of Oklahoma, E.I. Du Pont De Nemours & Co., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

November 6, 1979.


Attorney(s) appearing for the Case

Edward W. Warren, Robert F. Van Voorhees, John S. Hahn, Washington, D.C., Robert R. Bonzcek, Bernard J. Reilly, Carl B. Everett, Wilmington, Del., John H. Pickering, Andrew T. A. Macdonald and David R. Johnson, Washington, D.C., were on the motion to correct the record for petitioners American Petroleum Institute, et al. in Nos. 79-1104, 79-1201, 79-1222, 79-1290, 79-1359 and 79-1370 and intervenors in Nos. 79-1335, 79-1356 and 79-1362.

Patrick J. Cafferty, Jr., Atty., Dept. of Justice, Washington, D.C., was on the opposition to motion to correct the record for respondent Environmental Protection Agency.

Richard E. Ayres, Washington, D.C., and David D. Doniger, Washington, D.C., were on the opposition to motion to correct the record for intervenor National Resources Defense Council, et al. in No. 79-1104 and petitioner in Nos. 79-1335 and 79-1362.

Joseph J. Brecher, Boulder, Colo., and Peter J. Herzberg, Trenton, N.J., entered appearances for petitioner Sierra Club in No. 79-1356.

Frederick S. Fisher, III, James E. Ryan, Jr. and Roger L. Chaffe, Richmond, Va., entered appearances for petitioner Commonwealth of Virginia, et al. in No. 79-1365.

Daniel Joseph and Courtenay Ellis, Washington, D.C., entered appearances for petitioner City of Houston, Texas in No. 79-1367.

Jeffrey O. Cerar, Atty., Environmental Protection Agency, Washington, D.C., entered an appearance for respondents.

Christopher S. Bond, Kansas City, Mo., and Charles A. Blackmar, Jefferson City, Mo., entered appearances for intervenor The St. Louis Regional Commerce, et al. in No. 79-1104.

Charles S. Rogers, Asst. Atty. Gen., for the State of Oklahoma, Oklahoma City, Okl., entered an appearance for intervenor State of Oklahoma ex rel. George Nigh, etc. in No. 79-1104.

Before McGOWAN, LEVENTHAL and WALD, Circuit Judges.


Opinion PER CURIAM.

PER CURIAM:

This motion to correct the record is part of an action challenging the primary and secondary national ambient air quality standards for ozone, recently promulgated by the Environmental Protection Agency (EPA) and published at 44 Fed.Reg. 8202, February 8, 1979. The standards are challenged by a group of industry petitioners,1 who contend that the standards are unrealistically strict, and by a group...

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