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HAWAIIAN ELEC. CO. v. UNITED STATES E.P.A.

No. 83-7259.

723 F.2d 1440 (1984)

HAWAIIAN ELECTRIC COMPANY, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, American Lung Association of Hawaii, the Sierra Club, Joseph M. Singer, & the League of Woman Voters of Hawaii, Intervenors-Respondents.

United States Court of Appeals, Ninth Circuit.

Decided January 20, 1984.

Attorney(s) appearing for the Case

William Frick, Lathrop, Koontz, Righter, Clagett & Norquist, Washington, D.C., for petitioner.

Jay M. Fidell, Bendet, Fidell & Sakai, Honolulu, Hawaii, Charles D. Ossola, Hunton & Williams, Washington, D.C., amicus curiae.

David Earl Dearing, Sara Schneeberg, E.P.A., Washington, D.C., for respondent.

Joseph Brecher, Oakland, Cal., for intervenors-respondents.

Before TIMBERS, GOODWIN and SCHROEDER, Circuit Judges.

GOODWIN, Circuit Judge.

Hawaiian Electric Company, Inc. (HECO) seeks review of an EPA determination not to proceed with consideration of modifying PSD permit HI 78-02 until HECO complies with the procedure for permit revision applying to major modifications. HECO's appeal is timely under 42 U.S.C. § 7607(b) (Clean Air Act). We affirm EPA's determination and hold that all other issues raised are not ripe for review.

HECO's Kahe power plant is Oahu's greatest...

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