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ILL. STATE CHAMBER OF COMMERCE v. U.S.E.P.A.

Nos. 84-2364, 84-2365.

775 F.2d 1141 (1985)

ILLINOIS STATE CHAMBER OF COMMERCE, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. and ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided November 4, 1985.

Attorney(s) appearing for the Case

Jeffrey C. Fort, Martin, Craig, Chester & Sonnenschein, Chicago, Ill., Robert C. Sharpe, Illinois E.P.A., Springfield, Ill., for petitioners.

Peter H. Wyckoff, U.S. Environmental Defense Sec., Land & Natural Resources Div., Dept. of Justice, Washington, D.C., for respondent.

Before CUDAHY and COFFEY, Circuit Judges, and PELL, Senior Circuit Judge.

CUDAHY, Circuit Judge.

In 1970, Congress passed the provisions that form the basis of what we know today as the Clean Air Act. Pub.Law No. 91-604, 84 Stat.1676 et seq. (1970) (codified at 42 U.S.C. § 7401 et seq.). At the same time the Environmental Protection Agency ("EPA") was created by Executive Order. 35 Fed.Reg. 15623 (1970).

In 1977 Congress amended the Act, adding, among other things, a...

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