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PPG INDUSTRIES, INC. v. HARRISON

No. 77-2989.

660 F.2d 628 (1981)

PPG INDUSTRIES, INC., Petitioner, v. Adlene HARRISON, Regional Administrator and Anne M. Gorsuch, Administrator of Environmental Protection Agency, Respondents.

United States Court of Appeals, Fifth Circuit.

November 5, 1981.

Attorney(s) appearing for the Case

Oliver P. Stockwell, Lake Charles, La., George P. Cheney, Jr., Pittsburgh, Pa., Charles F. Lettow, Washington, D. C., for petitioner.

J. Berry St. John, Jr., John M. Wilson, New Orleans, La., Clyde R. Hampton, Denver, Colo., Douglas D. Ehrlich, Houston, Tex., for intervenor.

Bethami Auerbach, E. P. A., James W. Moorman, Asst. Atty. Gen., Angus Macbeth, Chief, Pollution Control Section, Nancy Marvel, Earl Salo, Atty., E. P. A., Washington, D. C., for respondents.

Before RONEY, TJOFLAT and HILL, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

RONEY, Circuit Judge:

In this case PPG Industries, Inc. [PPG] appeals an action of the Administrator of the Environmental Protection Agency [EPA] subjecting the "waste heat" boilers of its recently constructed power plant to new source performance standards for fossil fuel-fired steam generating units. 40 C.F.R. §§ 60.40-.46 (1977). Holding these performance...

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