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CITIZENS AGAINST REFINERY'S EFFECTS v. U. S. ENVIR. PROTECTION AGENCY

No. 80-1222.

643 F.2d 178 (1981)

CITIZENS AGAINST the REFINERY'S EFFECTS, INC., and Chesapeake Bay Foundation, Inc., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. Hampton Roads Energy Co., Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided March 5, 1981.

Rehearing and Rehearing Denied April 8, 1981.

Attorney(s) appearing for the Case

Bruce J. Terris, Washington, D. C. (Philip G. Sunderland, Washington, D. C., Karen H. Edgecombe, James M. Hecker, Washington, D. C., Patrick M. McSweeney, Richmond, Va., on brief), for petitioners.

Mitchell H. Bernstein, U. S. Environmental Protection Agency, Washington, D. C. (Michele B. Corash, General Counsel, John D. Cooper, U. S. Environmental Protection Agency, James W. Moorman, Asst. Atty. Gen., Land and Natural Resources Division, Donald W. Stever, Jr., Chief, Pollution Control Section, Raymond W. Mushal and Elizabeth Stein, Pollution Control Section, Land and Natural Resources Division, Dept. of Justice, Washington, D. C., on brief), for respondent.

Before HALL, PHILLIPS and SPROUSE, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 8, 1981.

K. K. HALL, Circuit Judge:

Citizens Against the Refinery's Effects (CARE) appeals from a final ruling of the Administrator of the Environmental Protection Agency (EPA) approving a permit for the prevention of significant deterioration (PSD) of air quality issued to the Hampton Roads Energy Company (HREC). After reviewing the application, analyzing the modeling data submitted by the HREC, and digesting numerous...

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