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DRESSMAN v. COSTLE

No. 80-3721.

759 F.2d 548 (1985)

Honorable James A. DRESSMAN, Judge; Honorable Lambert Hehl, Judge; and Honorable Bruce Ferguson, Judge, Petitioners, v. Douglas COSTLE, Administrator, United States Environmental Protection Agency, and United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided April 17, 1985.

Attorney(s) appearing for the Case

Lanny R. Holbrook, argued, Holbrook & Associates, Cincinnati, Ohio, John Elfers, Covington, Ky., Larry J. Crigler, Hebron, Ky., Paul H. Twehues, Jr., Twehues, Verst & Wehr, Newport, Ky., for petitioners.

Douglas Costle, Admin., E.P.A., Atlanta, Ga., E.P.A. Gen. Counsel's Office, Washington, D.C., Eric Smith, Nancy S. Bryson, Asst. Atty. Gen., U.S. Dept. of Justice, Land & Natural Resources Div., Pollution Control Section, Julie A. Weisman, argued, Dept. of Justice, Washington, D.C., for respondents.

Before LIVELY, Chief Judge, KEITH, Circuit Judge, and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

This petition arises under the Clean Air Act, as amended ("Act" or "CAA"), 42 U.S.C. § 7401 et seq. On September 22, 1980, the Administrator of the United States Environmental Protection Agency ("EPA"), in a final action, disapproved portions of Kentucky's State Implementation Plan ("SIP"). As discussed below, this plan was adopted by the Commonwealth of Kentucky in an effort to comply with nationally required air quality...

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