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SIERRA CLUB v. INDIANA-KENTUCKY ELEC. CORP.

Nos. 81-1822, 81-2173.

716 F.2d 1145 (1983)

SIERRA CLUB, Plaintiff-Appellant, v. INDIANA-KENTUCKY ELECTRIC CORPORATION and Indiana & Michigan Electric Company, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 30, 1983.

Attorney(s) appearing for the Case

Frederick S. Middleton, III, Washington, D.C., for plaintiff-appellant.

Bryan G. Tabler, Barnes, Hickam, Pantzer & Boyd, Indianapolis, Ind., for defendant-appellee.

Before WOOD, Circuit Judge, FAIRCHILD, Senior Circuit Judge, and ROSZKOWSKI, District Judge.

ROSZKOWSKI, District Judge.

This consolidated appeal arises under the Clean Air Act Amendments of 1970. The issue is whether a federal court may enforce an implementation plan provision which was adopted by the state to meet federal air quality standards, subsequently was approved by the Environmental Protection Agency, but thereafter was invalidated by a court of the adopting state on state law procedural grounds. The district courts below held that such a provision...

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