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STATE OF N.Y. v. ADMINISTRATOR, U.S.E.P.A.

No. 82-3126.

710 F.2d 1200 (1983)

STATE OF NEW YORK, Petitioner, v. ADMINISTRATOR, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Tennessee Valley Authority, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided July 1, 1983.

Rehearing and Rehearing Denied August 12, 1983.

Attorney(s) appearing for the Case

James A. Sevinsky, David R. Wooley, Asst. Attys. Gen., New York State Dept. of Law, Environmental Protection Bureau, Albany, N.Y., James Periconi [Lead Counsel], New York State Dept. of Law, Environmental Protection Bureau, Marcia J. Cleveland (argued), New York City, for petitioner.

William L. Want [Lead counsel] Catherine Cotter, U.S.E.P.A., Barry Neuman (argued), Dept. of Justice, Washington, D.C., for respondent.

Herbert S. Sanger, Jr., Gen. Counsel, James E. Fox, Assoc. Gen. Counsel, Robert C. Glinski, Thomas C. Doolan, T.V.A., Knoxville, Tenn., for intervenor respondent TVA.

Before LIVELY and CONTIE, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied August 12, 1983.

LIVELY, Circuit Judge.

The State of New York petitions for review of a "final rule" promulgated by the United States Environmental Protection Agency (EPA) which approved a revision of Tennessee's state implementation plan (SIP) for air pollution control. The revision permits an increase of from 1.2 to 2.8 pounds of sulfur dioxide (SO2) per million British thermal units (BTU) of...

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