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UNITED STATES v. CITY OF PAINESVILLE, OHIO

No. 78-3551.

644 F.2d 1186 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. CITY OF PAINESVILLE, OHIO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 26, 1981.

Attorney(s) appearing for the Case

James Van Carson, Squire, Sanders & Dempsey, Lee E. Larson, Cleveland, Ohio, Charles E. Cannon, Painesville, Ohio, for defendant-appellant.

James R. Williams, U. S. Atty., Cleveland, Ohio, Michael P. Carlton, Lawrence A. Hammond, James W. Moorman, Larry G. Gutterridge, Robert L. Klarquist, Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before KEITH and BROWN, Circuit Judges, WISEMAN, District Judge.

WISEMAN, District Judge.

The first of two questions before the Court is whether the district court erred in holding that a boiler operated by the Painesville Municipal Electric Utility is a "new source" under section 111(a)(2) of the Clean Air Act [the Act], 42 U.S.C. § 7411(a)(2) (Supp. III 1979).1 The second issue is whether the district court was required to hold an evidentiary hearing before permanently enjoining the City of Painesville...

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