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STATE OF OHIO v. RUCKELSHAUS

No. 84-3667.

776 F.2d 1333 (1985)

STATE OF OHIO, Petitioner, v. William D. RUCKELSHAUS, Administrator, United States Environmental Protection Agency, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided November 15, 1985.

Attorney(s) appearing for the Case

Martha E. Horvitz, argued, Susan E. Flannery, Asst. Attys. Gen., Environmental Enforcement Section, Columbus, Ohio, for petitioner.

John C. Ulfelder, E.P.A., Washington, D.C., Diane L. Donley, Pollution Control Section, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., Catherine L. Fox, Office of Regional Counsel, EPA, Chicago, Ill., Peter S. Everett, argued, U.S. Dept. of Justice, Washington, D.C., for U.S. E.P.A.

Before LIVELY, Chief Judge, WELLFORD, Circuit Judge, and BERTELSMAN, District Judge.

LIVELY, Chief Judge.

Ohio seeks review of final action of the United States Environmental Protection Agency (EPA) under the Clean Air Act as amended (the Act). 42 U.S.C. §§ 7401 et seq. The particular provisions of the Act in controversy are portions of Part D of Subchapter I, 42 U.S.C. §§ 7501-7508, and section 107(d) and (e), 42 U.S.C. § 7407(d) and (e), all of which were added to the Act by the Clean Air Act Amendments of 1977, Pub.L. 95...

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