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MONTANA POWER CO. v. ENVIRONMENTAL PROTECTION AGCY.

Nos. 77-2521, 77-2253 and 78-1140.

608 F.2d 334 (1979)

MONTANA POWER COMPANY, a corporation, et al., Plaintiffs-Appellees, v. ENVIRONMENTAL PROTECTION AGENCY et al., Defendants-Appellants, and Northern Cheyenne Tribe and Northern Plains Resource Council, Intervenors. MONTANA POWER COMPANY, a corporation, et al., Plaintiffs-Appellees, v. ENVIRONMENTAL PROTECTION AGENCY et al., Defendants, and Northern Plains Resource Council and Northern Cheyenne Tribe, Intervenors-Appellants. The MONTANA POWER COMPANY, Washington Water Power Company, Puget Sound Power and Light Company, Portland General Electric Company and Pacific Power and Light Company, Petitioners-Appellants, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

July 16, 1979.

Attorney(s) appearing for the Case

John L. Peterson, Butte, Mont., for Montana Power Co.

Bruce J. Terris, Washington, D. C. (argued), Larry G. Gutterridge, Dept. of Justice, Washington, D. C., for E. P. A.

Before MERRILL and WRIGHT, Circuit Judges, and SWEIGERT, District Judge.

On Petition to Review a Decision of the Environmental Protection Agency.

EUGENE A. WRIGHT, Circuit Judge:

These consolidated cases are classic examples of the difficulties inherent in interpreting the Clean Air Act, as amended, 42 U.S. C.A. §§ 7401, et seq. (West Supp. 1978).1 At issue is whether Montana Power and others2 "commenced construction", under the Clean Air Act and Environmental...

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