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FRIENDS OF THE EARTH v. POTOMAC ELEC. POWER CO.

Civ. A. No. 75-0747.

546 F.Supp. 1357 (1982)

FRIENDS OF THE EARTH, et al., Plaintiffs, v. POTOMAC ELECTRIC POWER COMPANY, Defendant.

United States District Court, District of Columbia.

September 17, 1982.

Attorney(s) appearing for the Case

Judith W. Rogers and Richard G. Wise, Washington, D. C., for plaintiffs.

George V. Allen, Jr., Washington, D. C., for defendant.

MEMORANDUM AND ORDER

BRYANT, District Judge.

Plaintiff Friends of the Earth (FOE) brought this action against the Potomac Electric Power Company (PEPCO) pursuant to the "citizen suit" provision of the Clean Air Act of 1970, § 304, 42 U.S.C. § 7604 (Supp. IV 1980). FOE alleged PEPCO was in violation of regulations promulgated by the District of Columbia (the District) setting emission standards and limitations under the Act. Since states

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