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

No. 6, Docket 81-4202.

696 F.2d 179 (1982)

The CONNECTICUT FUND FOR the ENVIRONMENT, INC., Petitioners, and City of Middletown, Connecticut, Intervenor, v. ENVIRONMENTAL PROTECTION AGENCY, Anne M. Gorsuch, Administrator, Environmental Protection Agency, Respondents, and State of Connecticut, Intervenor.

United States Court of Appeals, Second Circuit.

Decided December 1, 1982.

Attorney(s) appearing for the Case

E. Donald Elliott, Associate Professor of Law, Yale Law School, New Haven, Conn., for petitioners.

Jeffrey Fowley, Boston, Mass., U.S. Environmental Protection Agency (Carol E. Dinkins, Donald W. Stever, Jr., Diane L. Donley, U.S. Dept. of Justice, Environmental Defense Section, Land and Natural Resources Div., Washington, D.C., Catherine A. Cotter, Robert M. Perry, Lydia N. Wegman, U.S. Environmental Protection Agency, Washington, D.C., of counsel), for respondents.

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

Francis O'Neill, City Atty., City of Middletown, Conn. (on the brief), for intervenor, City of Middletown, Conn.

Before FEINBERG, Chief Judge, and FRIENDLY and KAUFMAN, Circuit Judges.

FEINBERG, Chief Judge:

This is a petition under the Clean Air Act (the Act) to review a final rule of the Environmental Protection Agency (the Agency) approving a revision to Connecticut's State Implementation Plan (SIP) for sulfur dioxide. 46 Fed.Reg. 43,418 (1981). The revision establishes the Air Pollution Control/Energy Trade Option Program (Energy Trade Program), which allows sources that conserve fuel to burn less expensive fuel containing a higher percentage...

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