STATE OF OHIO, Commonwealth of Massachusetts, Cleveland Electric Illuminating Company, Northern Ohio Lung Association, North American Coal Corporation and NACCO Mining Company, Petitioners,
Commonwealth of Pennsylvania, State of New York, State of New Hampshire, Ohio Mining and Reclamation Association, and Youghiogheny & Ohio Coal Company, Intervenors,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Anne M. Gorsuch, Administrator, Respondents.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued January 15, 1985.
Decided February 26, 1986.
Attorney(s) appearing for the Case
Mark Segreti, Jr. (argued), Bieser, Greer & Landis, Dayton, Ohio, Michael L. Hardy (argued), Thompson, Hine & Flory, Cleveland, Ohio, William J. Brown, Atty. Gen. of Ohio, Robert J. Styduhar, Asst. Atty. Gen., Environmental Law Section, Columbus, Ohio, for petitioners.
Peter S. Everett, U.S. Dept. of Justice, Land and Natural Resources Div., Environmental Defense Section, Lydia Wegman, Office of Gen. Counsel, U.S.E.P.A., Richard B. Ossias (argued), U.S.E.P.A., Gen. Counsel, Air & Radiation Div., Washington, D.C., Susan Schaffer, Office of Regional Counsel, U.S.E.P.A., Chicago, Ill., for U.S.
Francis X. Bellotti, Atty. Gen. of Mass., Stephen M. Leonard, Asst. Atty. Gen., Environmental Protection Div., Dept. of Atty. Gen., Janet G. McGabe, Stephen M. Leonard, Lee Breckenridge, Environmental Protection Div., Public Protection Bureau, Dept. of Atty. Gen., Boston, Mass., for State of Mass.
Robert Abrams, David R. Wooley, Atty. General's Office, New York City Dept. of Law, Environmental Protection Bureau, Rueben Goldwaser, Asst. Atty. Gen., Albany, N.Y., for State of N.Y.
Ronald R. Janke, Thomas R. Jackson, Jones, Day, Reavis & Pogue, Cleveland, Ohio, for North American Coal Co. and Nacco Min. Co.
John W. Edwards, David Wm. T. Carrol, Smith & Schnake, A Legal Professional Ass'n, Columbus, Ohio, for Ohio Min. and Reclamation Assoc.
Jonathan E. Thackeray, William W. Falsgraf, Cleveland, Ohio, for Youghiogheny and Ohio Coal Co.
Thomas Y. Au (argued), Asst. Atty. Gen., Com. of Pa., Harrisburg, Pa., for Com. of Pa.
E. Tupper Kinder, Asst. Atty. Gen., Environmental Protection Div., Office of Atty. Gen., Concord, N.H., for State of N.H.
Henry V. Nickel, Hunton & Williams, Washington, D.C., for amicus curiae Alabama Power Co.
Gregory W. Sample, State of Me., Dept. of Atty. Gen., Augusta, Me., for amicus curiae State of Me.
Before ENGEL, MERRITT and MILBURN, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
MERRITT, Circuit Judge.
This case seeks review of air pollution emissions limitations established by the Environmental Protection Agency for the smokestacks of two electric utility plants in the Cleveland area. Petitioners' principal argument is that the computer model, called CRSTER, used by EPA to forecast pollution from these plants and to set emissions limits allows too much pollution. They assert that this model should not be used in its present form to set emissions...
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