UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee,
v.
OHIO DEPARTMENT OF HIGHWAY SAFETY and Donald D. Cook, Director, Defendants-Appellees, Cross-Appellants.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued July 9, 1980.
Decided December 5, 1980.
Attorney(s) appearing for the Case
James W. Moorman, Angus Macbeth, Robert L. Klarquist, Barbara H. Brandon, Anne S. Almy, James N. Cahan, Land & Natural Resources Div., U. S. Dept. of Justice, Washington, D. C., James C. Cissell, U. S. Atty., Albert R. Ritcher, Asst. U. S. Atty., Columbus, Ohio, Thomas E. Ferguson, Auditor of State, John F. Birath, Jr., Bricker, Evatt, Barton & Eckler, Columbus, Ohio, for plaintiff-appellant, cross-appellee.
William J. Brown, Atty. Gen. of Ohio, Donald J. Guittar, Halstead L. Stettler, Asst. Attys. Gen., Columbus, Ohio, for defendants-appellees, cross-appellants.
G. Franklin Miller, Dinsmore, Shohl, Coates & Deupree, Cincinnati, Ohio, for amicus curiae.
Before WEICK, LIVELY and MERRITT, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
LIVELY, Circuit Judge.
This case arises under the Clean Air Act, as amended, (the Act) 42 U.S.C. § 7401, et seq.1 The issue on appeal concerns the enforcement powers of the United States Environmental Protection Agency (EPA) against a state which fails to perform an act required of it by a provision of an implementation plan promulgated by EPA. The specific question to be decided is whether the State of Ohio is subject to the...
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