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DEL. VALLEY CITIZENS' COUNCIL v. COM. OF PA.

No. 84-1332.

755 F.2d 38 (1985)

DELAWARE VALLEY CITIZENS' COUNCIL FOR CLEAN AIR, et al., American Lung Association of Philadelphia, and Montgomery County, Delchester Lung Association, Sierra Club, Pennsylvania Chapter Friends of the Earth of the Delaware Valley, Citizens' Committee For Environmental Control, Quinn, Kevin, Farrell, Kaysi, Weiss, Ruth G. Klinkner, John, Biez, Elizabeth S., Shulman, Mona v. COMMONWEALTH OF PA., & Train, Russell, E., Ind. & as Administrator of the Environmental Protection Agency, et al., Sherlock, William T., Individually and as Secretary of the PA Dept. of Transportation, Goddard, Maurice K., Individually and as Secretary of the PA Dept. of Environmental Resources, Snyder, Daniel J., III, Individually and as Regional Administrator of the Environmental Protection Agency, Region III. UNITED STATES of America v. COMMONWEALTH OF PENNSYLVANIA; The Pennsylvania Department of Transportation and William T. Sherlock, Secretary of the Pennsylvania Department of Transportation; the Pennsylvania Department of Environmental Resources and Maurice K. Goddard, Secretary of the Pennsylvania Department of Environmental Resources. Appeal of COMMONWEALTH OF PENNSYLVANIA, Secretary of Pennsylvania Department of Transportation and Secretary of Pennsylvania Department of Environmental Resources.

United States Court of Appeals, Third Circuit.

Decided February 11, 1985.

Attorney(s) appearing for the Case

F. Henry Habicht, II, Asst. Atty. Gen., Jacques B. Gelin, Maria A. Iizuka (argued), Dept. of Justice, Washington, D.C., for appellee U.S.

Jerome Balter (argued), Public Interest Law Center of Philadelphia, Philadelphia, Pa., for appellee Delaware Valley Citizens' Council.

John M. Hrubovcak (argued), Asst. Counsel, Spencer A. Manthorpe, Chief Counsel, Com. of Pa., Dept. of Transp., Harrisburg, Pa., for appellant Com. of Pa.

Before ALDISERT, Chief Judge, BECKER, Circuit Judge, and STERN, District Judge.

OPINION OF THE COURT

ALDISERT, Chief Judge.

The Commonwealth of Pennsylvania finds itself between a rock and a hard place. A consent decree entered in August 1978 by the federal court commands it to implement a vehicle emission inspection and maintenance program. At the same time, its own state court system by an order dated January 9, 1984, enjoins it from carrying out the federal decree. The January Pennsylvania court order implemented a decision by that...

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