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BETHLEHEM STEEL CORP. v. GORSUCH

No. 82-2884.

742 F.2d 1028 (1984)

BETHLEHEM STEEL CORPORATION, Petitioner, v. Anne M. GORSUCH, Administrator of the United States Environmental Protection Agency, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 22, 1984.

Attorney(s) appearing for the Case

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

Catherine A. Cotter, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., for respondent.

Before CUDAHY and POSNER, Circuit Judges, and WILKINS, Senior District Judge.

POSNER, Circuit Judge.

The Bethlehem Steel Corporation petitions us to set aside an order of the Environmental Protection Agency made under the authority of the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The petition and the EPA's response raise several difficult issues: the scope of a 1972 air pollution regulation issued by the State of Indiana; the EPA's power under the Clean Air Act to alter, by partially approving, state air pollution...

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