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FLORIDA POWER & LIGHT CO. v. COSTLE

No. 80-5314.

650 F.2d 579 (1981)

FLORIDA POWER & LIGHT COMPANY, Petitioner, v. Douglas M. COSTLE, as Administrator, Environmental Protection Agency and U. S. Environmental Protection Agency, Respondents.

United States Court of Appeals, Fifth Circuit. Unit B

June 29, 1981.

Attorney(s) appearing for the Case

Hopping, Boyd, Green & Sams, William H. Green, Gary P. Sams, Tallahassee, Fla., for petitioner.

John C. Bottcher, Deputy Gen. Counsel, State of Fla. Dept. of Environmental Regulation, Tallahassee, Fla., for amicus curiae.

Lydia N. Wegman, Elizabeth Stein, Atty., Pollution Control Section, U. S. Dept. of Justice, Land and Natural Resources Division, Washington, D. C., for respondents.

Before TJOFLAT, HATCHETT and THOMAS A. CLARK, Circuit Judges.

TJOFLAT, Circuit Judge:

Florida Power & Light Company has petitioned for review, pursuant to section 307(b)(1) of the Clean Air Act, 42 U.S.C. § 7607(b)(1) (Supp.1979), of a rulemaking action by the Administrator of the Environmental Protection Agency (EPA) taken under section 110 of the Clean Air Act, 42 U.S.C. § 7410 (Supp.1979).

I

The Clean Air Act, 42 U.S.C. § 7401 et seq. (Supp.1979) (the Act), is an attempt to achieve...

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