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

Nos. 78-1922, 78-1927.

595 F.2d 207 (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.

May 3, 1979.


Attorney(s) appearing for the Case

Thomas, Taliaferro, Forman, Burr & Murray, J. Ross Forman, III, Robert G. Tate, Birmingham, Ala., for petitioner in No. 78-1922.

James W. Moorman, Asst. Atty. Gen., Angus Macbeth, Chief Pollution Control Sec., Land & Natural Resources Div., Dept. of Justice, Washington, D. C., for respondent in No. 78-1922.

Phelps, Dunbary, Marks, Claverie & Sims, Eugene R. Preaus, New Orleans, La., Thorp, Reed & Armstrong, Peter G. Veeder, Pittsburgh, Pa., for petitioner in No. 78-1927.

Douglas M. Costle, Administrator, E. P. A., James N. Cahan, Atty., U. S. Environmental Protection Agency, Washington, D. C., Barbara Brandon, Asst. Atty. Gen., Land & Natural Resources Div., Dept. of Justice, Washington, D. C., for respondent in Nos. 78-1922 and 78-1927.

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


GODBOLD, Circuit Judge:

Petitioners United States Steel and Republic Steel have petitioned for review of the Environmental Protection Agency's designation of areas in Alabama as nonattainment areas for suspended particulate pollution pursuant to § 107(d) of the Clean Air Act, 42 U.S.C. § 7407(d).1 These designations mean that particulate levels in these areas2 exceed the national primary ambient air...

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