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CITY OF WACO v. ENVIRONMENTAL PROTECTION AGENCY

No. 78-1897.

620 F.2d 84 (1980)

CITY OF WACO, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fifth Circuit.

June 26, 1980.

Attorney(s) appearing for the Case

Fulbright & Jaworski, David J. Beck, Gary M. Lawrence, Ronald Dean Secrest, Houston, Tex., amicus curiae for petitioner.

Wiley W. Stem, Jr., Waco, Tex., for City of Woodway, Tex.

Gloria J. Ellis, Atty., Environmental Protection Agency, Angus Macbeth, Barbara H. Brandon, Dept. of Justice, Land and Natural Resources Division, Washington, D.C., for respondent.

Before TJOFLAT and SAM D. JOHNSON, Circuit Judges, and SEAR, District Judge.

SEAR, District Judge:

The City of Waco has petitioned for review of the Environmental Protection Agency's (EPA) designation of McLennan County, Texas1 as a nonattainment area for photochemical oxidants pursuant to § 107(d) of the Clean Air Act, 42 U.S.C. § 7407(d).2 Because the EPA failed to comply with the procedural requirements of the Administrative Procedure Act (APA), 5 U.S.C. § 551 et...

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