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STATE OF N.Y. v. UNITED STATES E.P.A.

Nos. 80-2808, 82-1418.

716 F.2d 440 (1983)

STATE OF NEW YORK, Petitioner, v. The UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Anne Gorsuch, Administrator, Respondents. Commonwealth Edison Company, Intervenor-Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 19, 1983.

Attorney(s) appearing for the Case

David R. Wooley, N.Y.S. Dept. of Law, Environmental Protection Bureau, Albany, N.Y., for petitioner.

Michael W. Steinberg, Dept. of Justice, Land and Natural Resources Div., Environmental Defense Section, Washington, D.C., A. Daniel Feldman, Isham, Lincoln & Beale, Chicago, Ill., for respondents.

Before BAUER, COFFEY, Circuit Judges, and BONSAL, Senior District Judge.

BAUER, Circuit Judge.

In this appeal the State of New York challenges the Environmental Protection Agency's (EPA) approval of a revision to Illinois' State Implementation Plan (SIP), which permits the Kincaid Power Station in Christian County to increase its sulfur dioxide emissions.1 New York alleges that the EPA action was arbitrary and capricious because the emission relaxation violates numerous provisions of Section 110 of the Clean...

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