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DELAWARE VAL. CITIZENS' COUNCIL, ETC. v. COM. OF PA.

No. 82-1104.

678 F.2d 470 (1982)

DELAWARE VALLEY CITIZENS' COUNCIL FOR CLEAN AIR, et al., American Lung Association of Philadelphia, and Montgomery County, Delchester Lung Association, Sierra Club, Pennsylvania Chapter, Friends of the Earth of the Delaware Valley, Citizens' Committee For Environmental Control, Quinn, Kevin, Farrell, Kaysi, Weiss, Ruth G., Klinkner, John, Biez, Elizabeth S., Shulman, Mona v. COMMONWEALTH OF PA., & Train, Russell E., Ind. & as Administrator of the Environmental Protection Agency, et al., Sherlock, William T., Individually and as Secretary of the PA Dept. of Transportation, Goddard, Maurice K., Individually and as Secretary of the PA Dept. of Environmental Resources, Snyder, Daniel, J., III, Individually and as Regional Administrator of the Environmental Protection Agency, Region III. UNITED STATES of America v. COMMONWEALTH OF PENNSYLVANIA; the Pennsylvania Department of Transportation and William T. Sherlock, Secretary of the Pennsylvania Department of Transportation; the Pennsylvania Department of Environmental Resources and Maurice K. Goddard, Secretary of the Pennsylvania Department of Environmental Resources. Appeal of COMMONWEALTH OF PENNSYLVANIA, Secretary of the Pennsylvania Department of Transportation and Secretary of the Pennsylvania Department of Environmental Resources.

United States Court of Appeals, Third Circuit.

Decided May 21, 1982.

Attorney(s) appearing for the Case

John M. Hrubovcak, Asst. Counsel, Ward T. Williams, Chief Counsel (argued), Dept. of Transp., Com. of Pa., Harrisburg, Pa., for appellants.

Jerome Balter (argued), Philadelphia, Pa., for appellees, Delaware Valley Citizens' for Clean Air, et al.

Carol E. Dinkins, Asst. Atty. Gen., Peter R. Steenland, Jr., Jacques B. Gelin, Stephen D. Ramsey, Maria A. IIzuka (argued), Attys., Dept. of Justice, Washington, D. C., for the U. S.

H. Lee Roussel, McNees, Wallace & Nurick, Harrisburg, Pa., for amici curiae Associated Pennsylvania Constructors, Pennsylvania Asphalt Pavement Ass'n, Greater Philadelphia Chamber of Commerce, Greater Pittsburgh Chamber of Commerce, City of Pittsburgh and Allegheny County.

Before GIBBONS and HUNTER, Circuit Judges, and GERRY, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

On August 29, 1978, a consent final judgment bound the Commonwealth of Pennsylvania to implement an inspection and maintenance program for automobile emission systems in the counties in the Pittsburgh and Philadelphia areas. Three years later, after the Commonwealth was found to be in violation of the decree, the state legislature enacted a bill prohibiting further funding for this program. The district court...

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