INDIANA & MICHIGAN ELEC. v. UNITED STATES E.P.A.

Nos. 82-1733, 82-1738.

733 F.2d 489 (1984)

INDIANA & MICHIGAN ELECTRIC COMPANY and Indianapolis Power & Light Company, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided May 11, 1984.


Attorney(s) appearing for the Case

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

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

Before WOOD, ESCHBACH and POSNER, Circuit Judges.


POSNER, Circuit Judge.

In 1979 the Indiana Air Pollution Control Board submitted to the U.S. Environmental Protection Agency a revision of its plan for compliance ("state implementation plan") with air quality standards that the EPA had established pursuant to the Clean Air Act of 1970, as amended, 42 U.S.C. §§ 7401 et seq. Indiana's revised plan established a ceiling on emissions of sulphur dioxide but also provided that a source would be considered...

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