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DOW CHEMICAL CO. v. U.S. ENVIRONMENTAL PROTECTION

Nos. 78-3139, 78-3595 and 80-3260.

635 F.2d 559 (1980)

The DOW CHEMICAL COMPANY, a Delaware Corporation, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Douglas M. Costle, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided December 9, 1980.

Rehearing Denied February 9, 1981.

Attorney(s) appearing for the Case

William C. Potter, Jr., Fischer, Franklin, Ford, Simon & Hogg, Detroit, Mich., for petitioner in all cases.

Francis E. Bentley, Detroit, Mich., for petitioner in 78-3139 and 78-3595.

R. L. Davis, Senior Atty., Michigan Division, Dow Chemical Co., Midland, Mich., for petitioner in 78-3139 and 80-3260.

Dorothy M. Attermeyer, Asst. Regional Counsel, E. P. A., Chicago, Ill., Lydia N. Wegman, Christina Kaneen, General Counsels, E. P. A., Washington, D. C., for respondents in 78-3139 and 78-3595.

Charlotte Uram, Pollution Control Section, Land & Natural Resources Division, Dept. of Justice, Washington, D. C., for respondents in all cases.

Lee F. Nute, Midland, Mich., for petitioner in 78-3595.

Environmental Protection Agency, General Counsel's Office, Washington, D. C., for respondents in 80-3260.

Before EDWARDS, C. J., and PHILLIPS and PECK, Senior Circuit Judges.

EDWARDS, Chief Judge.

We deal here with three petitions filed by The Dow Chemical Company seeking review of decisions of respondent, United States Environmental Protection Agency, under the Clean Air Act, 42 U.S.C. § 7401 et seq. (Supp. II 1978). These decisions designated Midland County as a "nonattainment area" (Appeal Nos. 78-3139 and 78-3595) and refused to approve a state approved revision of Michigan's "State Implementation Plan" (Appeal No. 80-3260...

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