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AIR POLLUTION CONT. DIST. v. U.S.E.P.A.

No. 82-3214.

739 F.2d 1071 (1984)

AIR POLLUTION CONTROL DISTRICT OF JEFFERSON COUNTY, KENTUCKY, Petitioner, Public Service Company of Indiana, Inc., Intervenor, v. The UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; and Anne M. Gorsuch, Administrator, U.S. Environmental Protection Agency, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided July 10, 1984.

Attorney(s) appearing for the Case

Gaylord B. Ballard, argued, Air Pollution Control Dist. of Jefferson County, Ky., Louisville, Ky., for petitioner.

Anne M. Gorsuch, Administrator, U.S. Environmental Protection Agency, Barbara Sih, Diane Donley, (Lead Counsel), argued, Environmental Defense Section, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for respondents.

Gregory A. Troxell, argued, Public Service Company of Ind., Inc., Plainfield, Ind., for intervenor Public Service Co. of Indiana, Inc.

Carey Rosemarin, U.S. Environmental Protection Agency, Region V, Louise Gross, Chicago, Ill., for respondent, EPA.

Before ENGEL, MARTIN and CONTIE, Circuit Judges.

ENGEL, Circuit Judge.

The Air Pollution Control District of Jefferson County, Kentucky, seeks review of an order of the Environmental Protection Agency ("EPA"), reported at 47 Fed.Reg. 6624 (Feb. 16, 1982). That order denied Jefferson County's petition for interstate pollution abatement, filed pursuant to section 126 of the Clean Air Act, 42 U.S.C. § 7426(b) (Supp. V 1981). Jefferson County sought relief upon its claim that the Gallagher Power Station ("Gallagher...

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