Nos. 82-5160, 82-5217.

709 F.2d 597 (1983)

KERR-McGEE CHEMICAL CORPORATION, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF the INTERIOR, James G. Watt, and the State of California, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 30, 1983.

Attorney(s) appearing for the Case

Peter J. Nickles, Covington & Burling, Washington, D.C., for plaintiff-appellee.

Edwin J. Dubiel, Deputy Atty. Gen., Los Angeles, Cal., Dean K. Dunsmore, Dept. of Justice, Washington, D.C., for defendants-appellants.

Before WRIGHT and SCHROEDER, Circuit Judges, and EAST, Senior District Judge.

EUGENE A. WRIGHT, Circuit Judge:

This case presents the question whether, under section 164(d) of the Clean Air Act Amendments of 1977, a recommendation by the Department of Interior has caused injury to Kerr-McGee sufficient to give it standing and create a case ripe for decision. The district court decided that Kerr-McGee had been injured and granted its motion for summary judgment. We reverse and remand with instructions to dismiss because Kerr-McGee has not demonstrated...

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