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CONNECTICUT FUND FOR ENVIRONMENT v. E. P. A.

No. 52, Docket 81-4025.

672 F.2d 998 (1982)

The CONNECTICUT FUND FOR THE ENVIRONMENT, INC., et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents, National Retail Merchants Association, et al., Intervenors.

United States Court of Appeals, Second Circuit.

Decided February 1, 1982.

Attorney(s) appearing for the Case

Daniel Millstone, New Haven, Conn., for petitioners The Connecticut Fund for the Environment, Inc. and John Walton.

Anthony F. Pagano, Manchester, Conn., for petitioners Manchester Environmental Coalition and Michael Dworkin.

Diane L. Donley, Dept. of Justice, Washington, D. C. (Carol E. Dinkins, Asst. Atty. Gen., Dept. of Justice, Jose R. Allen, Barbara Brandon, Dept. of Justice, Lydia Wegman, Christina Kaneen, USEPA, Michael Corash, General Counsel, USEPA, Washington, D. C., Jeffrey Fowley, USEPA, Boston, Mass., on the brief), for respondents.

Nancy L. Buc, Washington, D. C. (Bruce H. Turnbull, Weil Gotshal & Manges, James Sharp and Richard S. Ewing, Washington, D. C., on the brief), for intervenors Nat. Retail Merchants Ass'n, Nat. Realty Committee, and Intern. Council of Shopping Centers.

Kenneth N. Tedford, Asst. Atty. Gen., Hartford, Conn. (Carl R. Ajello, Atty. Gen., Robert A. Whitehead, Jr., Asst. Atty. Gen., Hartford, Conn., on the brief), for intervenor State of Conn.

Before NEWMAN and KEARSE, Circuit Judges, and DALY, District Judge.

NEWMAN, Circuit Judge:

This appeal presents questions of statutory construction regarding Congress' most recent effort to attain nationwide air quality standards — the 1977 Amendments to the Clean Air Act. Petitioners seek review of a final order of the Environmental Protection Agency (EPA) (1) conditionally approving the State of Connecticut's anti-pollution plan as in compliance with the 1977 Amendments' special provisions for states with excessive pollution...

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