MANCHESTER ENVIRONMENTAL COALITION and Michael Dworkin, Petitioners,
v.
ENVIRONMENTAL PROTECTION AGENCY and Douglas Costle, Administrator, Respondents.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued June 14, 1979.
Decided December 6, 1979.
Attorney(s) appearing for the Case
Anthony F. Pagano, Manchester, Conn. (David L. Schulman, and Beck & Pagano, Manchester, Conn., on the brief), for petitioners Manchester Environmental Coalition and Dworkin.
James N. Cahan, Atty., Environmental Protection Agency, Washington, D. C. (Joan Z. Bernstein, Gen. Counsel, and Jeffrey O. Cerar, Deputy Associate Gen. Counsel, EPA, Washington, D. C., on the brief), for respondents Environmental Protection Agency and Douglas Costle, Administrator, EPA.
Richard S. Ewing, Washington, D. C. (James Sharp, and Arnold & Porter, Washington, D. C., on the brief), for intervenor-appellee National Realty Committee, Inc.
Nancy L. Buc, Washington, D. C. (Bruce H. Turnbull, Washington, D. C., Michael D. Hess, Mel P. Barkan, and Weil, Gotshal & Manges, New York City, and Washington, D. C., on the brief), for intervenor-appellee National Retail Merchants Association.
Joel S. Moskowitz, Deputy Atty. Gen., State of California, Sacramento, Cal. (George Deukmejian, Atty. Gen., and R. H. Connett, Asst. Atty. Gen., Sacramento, Cal., on the brief), for amicus curiae State of California.
Gus Bauman, Edward C. Maeder, Washington, D. C.; Ellen C. Newcomer, Chicago, Ill.; and Winston & Strawn, Washington, D. C., submitted a brief for amici curiae National Association of Home Builders, Building Owners and Managers Association International, Institutional and Municipal Parking Congress, International Council of Shopping Centers and National Parking Association.
Before MANSFIELD, MULLIGAN and TIMBERS, Circuit Judges.
United States Court of Appeals, Second Circuit.
TIMBERS, Circuit Judge:
On this petition to review the final order of the Environmental Protection Agency (EPA) filed January 22, 1979, which approved the application of the State of Connecticut to revise its state implementation plan, we find the chief issue is whether the EPA erred in construing 42 U.S.C. § 7410(a)(5)(A)(iii) (Supp. I 1977), to require the Administrator to approve a state's request to revoke its indirect source review program without considering...
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