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DELAWARE VALLEY CITIZENS' COUNCIL v. COM. OF PA.

No. 81-2011.

674 F.2d 970 (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, Weis, Ruth G., Klinkner, John, Biez, Elizabeth S., Shulman, Mona v. COMMONWEALTH OF PA., and Train, Russell E., Ind. and 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 Representatives Fred BELARDI, et al., and Senator Edward P. Zemprelli, et al., Applicants-Intervenors.

United States Court of Appeals, Third Circuit.

Decided March 1, 1982.

Attorney(s) appearing for the Case

Myrna P. Field (argued), Joseph W. Marshall, III, Mid-Atlantic Legal Foundation, Philadelphia, Pa., Jack R. Heneks, Jr. (argued), Asst. Counsel to the Senate Democratic Floor (argued), Michael T. McCarthy, Chief Counsel to the Senate, Harrisburg, Pa., for appellants.

Carol E. Dinkins, Asst. Atty. Gen., Jacques B. Gelin, Kenneth A. Reich, Maria A. Iizuka (argued), Attys., Dept. of Justice, Washington, D. C., for the United States, appellee.

Jerome Balter, James S. Lanard (argued), Public Interest Law Center of Philadelphia, Philadelphia, Pa., for appellee Delaware Valley Citizens for Clean Air, et al.

Before GIBBONS, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Two groups of Pennsylvania legislators appeal from the denial of their motions to intervene as defendants in an action seeking injunctive relief against violations of the Clean Air Act, 42 U.S.C. § 7401 et seq. We affirm.

The action in which the Pennsylvania legislators seek to intervene is a consolidation of two lawsuits filed by the Delaware Valley Citizens' Council for Clean Air (Delaware...

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