BETHLEHEM STEEL CORP. v. UNITED STATES E.P.A.

No. 82-2608.

723 F.2d 1303 (1983)

BETHLEHEM STEEL CORPORATION, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. Save the Dunes Council and Citizens for a Better Environment, Intervenors-Respondents.

United States Court of Appeals, Seventh Circuit.

Decided December 13, 1983.


Attorney(s) appearing for the Case

Bryan G. Tabler, Barnes & Thornburg, Indianapolis, Ind., for petitioner.

David T. Buente, Jr., Dept. of Justice, Washington, D.C., for respondent.

Edward W. Osann, Jr., Leydig, Voit, Ossan, Mayer & Holt, Ltd., Chicago, Ill., for Intervenors-respondents.

Before WOOD and POSNER, Circuit Judges, and GORDON, Senior District Judge.


POSNER, Circuit Judge.

Section 109 of the Clean Air Act, as amended in 1970, required the EPA to establish air quality standards, and section 110 required the states to adopt implementation plans for attaining those standards. See 42 U.S.C. §§ 7409, 7410; Train v. Natural Resources Defense Council, 421 U.S. 60, 64-67, 95 S.Ct. 1470, 1474-1476, 43 L.Ed.2d 731 (1975). To speed progress toward attainment Congress in the...

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