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SAVE THE VALLEY, INC. v. RUCKELSHAUS

Civ. A. No. 80-0930.

565 F.Supp. 709 (1983)

SAVE THE VALLEY, INC., Plaintiff, v. William D. RUCKELSHAUS, as Administrator, Environmental Protection Agency, Defendant, and Louisville Gas and Electric Company, Intervenor-Defendant.

United States District Court, District of Columbia.

May 31, 1983.

Attorney(s) appearing for the Case

J. Gordon Arbuckle, John L. Oberdorfer, Duane A. Siler, Patton, Boggs & Blow, Washington, D.C., for plaintiff.

Bethami Auerbach, E.P.A., Michael B. Barr, Nancy Marvel, Pollution Control Sec., Land & Nat. Resources Div., Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM OPINION

JOHN GARRETT PENN, District Judge.

Plaintiff, Save the Valley, Inc., is a non-profit corporation "organized to protect and improve the environment of the Ohio River Valley between Lawrenceberg, Indiana and Louisville, Kentucky." Complaint ¶ 1. Plaintiff filed this citizen suit pursuant to § 304(a)(2) of the Clean Air Act (the Act), as amended, 42 U.S.C. § 7604(a)(2), against Douglas Costle, then Administrator of the

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