The CONNECTICUT FUND FOR the ENVIRONMENT, INC., and the American Lung Association of Connecticut, Inc., Petitioners, and
City of Middletown, Connecticut, Intervenor,
v.
ENVIRONMENTAL PROTECTION AGENCY, Anne M. Gorsuch, Administrator, Environmental Protection Agency, Respondents, and
State of Connecticut and Connecticut Business and Industry Association, Inc., Intervenors.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued September 15, 1982.
Decided December 1, 1982.
Attorney(s) appearing for the Case
E. Donald Elliott, Associate Professor of Law, Yale Law School, New Haven, Conn., and Suzanne Y. Langille, New Haven, Conn. (The Connecticut Fund for the Environment, Inc., Daniel Millstone, New Haven, Conn., of counsel), for petitioners.
Francis O'Neill, City Atty. of the City of Middletown, Conn., on the brief, for intervenor.
Diane L. Donley, Washington, D.C. (U.S. Dept. of Justice, Environmental Defense Section, Land and Natural Resources Div., Robert M. Perry, Gen. Counsel, Lydia N. Wegman, Acting Asst. Gen. Counsel, Washington, D.C.), and Jeffrey Fowley, Boston, Mass. (U.S. Environmental Protection Agency, Catherine A. Cotter, U.S. Environmental Protection Agency, Region I, Washington, D.C., Michael P. Thomas, Boston, Mass., of counsel), for respondents.
Robert A. Whitehead, Jr., Asst. Atty. Gen., Hartford, Conn. (Carl R. Ajello, Atty. Gen. of the State of Connecticut, Kenneth N. Tedford, Asst. Atty. Gen., Hartford, Conn.), for intervenor State of Conn.
Joan Z. Bernstein, Washington, D.C. (Wald, Harkrader & Ross, Washington, D.C., Jerry D. Anker, Ann Adams Webster, Cheryl C. Kremzier; New England Legal Foundation, Wayne S. Henderson, Boston, Mass., John Rathgeber, Connecticut Business and Industry Ass'n, Inc., Hartford, Conn., of counsel), for intervenor Connecticut Business and Industry Ass'n, Inc.
Before FEINBERG, Chief Judge, and FRIENDLY and KAUFMAN, Circuit Judges.
United States Court of Appeals, Second Circuit.
FEINBERG, Chief Judge:
Petitioners The Connecticut Fund for the Environment, Inc. (the Fund) and the American Lung Association of Connecticut, Inc., and intervenor City of Middletown, Connecticut seek review under the Clean Air Act (the Act) of a final rule of the Environmental Protection Agency (the Agency) approving an amendment to Connecticut's sulfur control regulation 19-508-19. That regulation was issued by the Connecticut Department of Environmental Protection...
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