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CINCINNATI GAS & ELEC. CO. v. COSTLE

Nos. 78-3200, 78-3646.

632 F.2d 14 (1980)

The CINCINNATI GAS & ELECTRIC CO., Petitioner, v. Douglas M. COSTLE, Administrator of The United States Environmental Protection Agency, and United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided October 16, 1980.

Attorney(s) appearing for the Case

J. Jeffrey McNealey, Porter, Wright, Morris & Arthur, Columbus, Ohio, for petitioner in both cases.

William J. Moran, General Counsel, Daniel W. Kemp, Cincinnati, Ohio, for The Cincinnati Gas & Elec. Co., in No. 78-3200.

Ronald C. Hausmann, Environmental Protection Agency, Washington, D. C., for respondents in both cases.

Paul M. Kaplow, Pollution Control Section, Land & Natural Resources Div., U. S. Dept. of Justice, Washington, D. C., Mary Ann Muirhead, EPA-Region V, Chicago, Ill., for respondents in No. 78-3200.

Pollution Control Section, Land & Natural Resources Division, U. S. Dept. of Justice, Washington, D. C., Environmental Protection Agency, Region V, Chicago, Ill., for respondents in No. 78-3646.

Before EDWARDS, Chief Judge, and PHILLIPS and PECK, Senior Circuit Judges.

HARRY PHILLIPS, Senior Circuit Judge.

This is a companion case to Republic Steel Corporation, et al. v. Costle, 621 F.2d 797 (6th Cir. 1980).

The Cincinnati Gas & Electric Company (CG&E) has filed a petition for review pursuant to Section 307(b)(1) of the Clean Air Act, 42 U.S.C. § 7607(b)(1) for review of the final action of the Administrator of the United States Environmental Protection Agency in promulgating...

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