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PPG INDUSTRIES, INC. v. COSTLE

Nos. 79-1708 to 79-1711.

659 F.2d 1239 (1981)

PPG INDUSTRIES, INC., Petitioner, v. Douglas M. COSTLE, Administrator, Environmental Protection Agency, Respondent. COLUMBUS AND SOUTHERN OHIO ELECTRIC COMPANY, Petitioner, v. Douglas M. COSTLE, Administrator, Environmental Protection Agency, Respondent. ARMCO, INC., Petitioner, v. Douglas M. COSTLE, Administrator, Environmental Protection Agency, Respondent. OHIO EDISON COMPANY, Petitioner, v. Douglas M. COSTLE, Administrator, Environmental Protection Agency, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 30, 1981.

Attorney(s) appearing for the Case

Robert L. Brubaker, Columbus, Ohio, with whom Martin S. Seltzer, Columbus, Ohio, was on the brief for petitioners. J. Jeffrey McNealey, Columbus, Ohio, also entered an appearance for petitioners.

Kenneth A. Reich, Atty., Dept. of Justice, Washington, D. C., with whom Angus MacBeth, Acting Asst. Atty. Gen., Donald W. Stever, Jr., Atty., Dept. of Justice, Earl Salo and Todd Joseph, Attys., Environmental Protection Agency, Washington, D. C., were on the brief for respondent.

Henry V. Nickel and F. William Brownell, Washington, D. C., were on the brief for amicus curiae Edison Elec. Institute, et al., urging that the order be vacated and the record remanded.

Edmund B. Frost, Washington, D. C., was on the brief for Chemical Manufacturers Ass'n amicus curiae urging that the order be vacated and the record remanded.

Before BAZELON, Senior Circuit Judge, and WALD and MIKVA, Circuit Judges.

Opinion for the Court filed by Senior Circuit Judge BAZELON.

BAZELON, Senior Circuit Judge:

In 1971, pursuant to the Clean Air Amendments of 1970, Pub.L.No. 91-604, 84 Stat. 1679, the Administrator of the Environmental Protection Agency (EPA) promulgated a series of national ambient air quality standards, known as the NAAQS, for sulfur oxides. The standards established maximum acceptable average concentrations for one-year periods, 24-hour periods, and 3-hour...

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