PEOPLE OF STATE OF CAL. v. DEPARTMENT OF THE NAVY

No. 79-4304.

624 F.2d 885 (1980)

PEOPLE OF the STATE OF CALIFORNIA, etc., Plaintiffs-Appellees, v. DEPARTMENT OF THE NAVY et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 22, 1980.


Attorney(s) appearing for the Case

Francis B. Boone, Asst. U.S. Atty., San Francisco, Cal., Anne S. Almy, Asst. U.S. Atty., Dept. of Justice, Washington, D. C., argued for defendants-appellants; G. William Hunter, Asst. U.S. Atty., San Francisco, Cal., on brief.

Rod Walston, Deputy Atty. Gen., San Francisco, Cal., Richard W. Grieves, San Francisco, Cal., for plaintiffs-appellees.

Before TANG and FERGUSON, Circuit Judges, and CURTIS, District Judge.


TANG, Circuit Judge:

The State of California brought this action against the U. S. Navy, claiming that the level of air pollution from certain of the Navy's jet engine test cells violates California air quality standards promulgated under the Federal Clean Air Act. The district court, in its judgment filed February 10, 1979, based on its orders of February 10, 1979 and April 12, 1977 (the latter reported at 431 F.Supp. 1271 (N...

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