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

No. 80-1223.

643 F.2d 183 (1981)

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

United States Court of Appeals, Fourth Circuit.

Decided March 5, 1981.

Attorney(s) appearing for the Case

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

Elizabeth Stein, Pollution Control Section, Dept. of Justice, Washington, D. C. (Raymond W. Mushal, Pollution Control Section, Dept. of Justice, Angus Macbeth, Deputy Asst. Atty. Gen., Land and Natural Resources Division, Charlotte Uram, Acting Chief, Pollution Control Section, Michele B. Corash, Gen. Counsel, Mitchell H. Bernstein, John D. Cooper, U. S. Environmental Protection Agency, Washington, D. C., on brief), for respondent.

Roger L. Chaffe, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Virginia, Richmond, Va., on brief), for intervenor Virginia State Air Pollution Control Board.

Gerald L. Baliles, John A. Gibney, Bell, Lacy & Baliles, Richmond, Va., Brent N. Rushforth, Albert H. Turkus, John P. Schnitker, Dow, Lohnes & Albertson, Washington, D. C., on brief, for intervenor Hampton Roads Energy Co.

Before HALL, PHILLIPS and SPROUSE, Circuit Judges.

K. K. HALL, Circuit Judge.

Citizens Against the Refinery's Effects (CARE) appeals from a final ruling by the Administrator of the Environmental Protection Agency (EPA) approving the Virginia State Implementation Plan (SIP) for reducing hydrocarbon pollutants. The plan requires the Virginia Highway Department to decrease usage of a certain type of asphalt, thereby reducing hydrocarbon pollution by more than enough to offset expected pollution from the Hampton Roads...

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