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

Nos. 79-2254, 79-2276.

633 F.2d 671 (1980)

UNITED STATES STEEL CORPORATION, Petitioner in No. 79-2254 Bethlehem Steel Corporation, Petitioner in No. 79-2276 v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, The Commonwealth of Pennsylvania Department of Environmental Resources, Intervenor.

United States Court of Appeals, Third Circuit.

Decided October 27, 1980.

Attorney(s) appearing for the Case

Blair S. McMillin (argued), Harley N. Trice, II, Reed Smith Shaw & McClay, Pittsburgh, Pa., for petitioner, Bethlehem Steel Corp.

Angus MacBeth, Acting Asst. Atty. Gen., Donald W. Stever, Jr., Chief, Pollution Control Section, Raymond W. Mushal, Atty., Dept. of Justice, Mitchell H. Bernstein (argued), Atty., Washington, D. C., Renee Sarajian, Asst. Regional Counsel, EPA, Philadelphia, Pa., for respondent; Michele Beigel Corash, General Counsel, EPA, Washington, D. C., of counsel.

Thomas Y. Au (argued), Louis A. Naugle, Asst. Attys. Gen., Dept. of Environmental Resources, Harrisburg, Pa., for intervenor.

Before ADAMS, HUNTER and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

In these consolidated cases we are asked, pursuant to § 307(b) of the Clean Air Act, 42 U.S.C. § 7607(b), to review an action by the Environmental Protection Agency (EPA) approving amendments to Pennsylvania's air pollution control State Implementation Plan (SIP) dealing with emission standards for coke oven batteries. Petitioners contend that EPA applied an incorrect substantive standard in evaluating the SIP revision...

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