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CITIZENS, ETC. v. UNITED STATES E. P. A.

No. 80-1531.

649 F.2d 522 (1981)

CITIZENS FOR A BETTER ENVIRONMENT, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided May 26, 1981.

Rehearing and Rehearing Denied September 9, 1981.

Attorney(s) appearing for the Case

Robert E. Yuhnke, Chicago, Ill., for petitioner.

Jose R. Allen, Land & Natural Resources Div., Washington, D. C., Eric Smith, Environmental Prot. Agcy., Washington, D. C., James T. Harrington, Chicago, Ill., for respondent.

Before SWYGERT, SPRECHER and BAUER, Circuit Judges.

Rehearing and Rehearing In Banc Denied September 9, 1981.

SPRECHER, Circuit Judge.

This case involves challenges to two rules under the Clean Air Act, 42 U.S.C. § 7401 et seq., submitted by the state of Illinois to the United States Environmental Protection Agency ("USEPA") and approved by USEPA. We find that the first set of rules, "New Source Rules," was not properly submitted to USEPA; therefore USEPA's approval...

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