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NEW MEXICO ENVIRONMENTAL IMP. DIV. v. THOMAS

No. 85-1628.

789 F.2d 825 (1986)

NEW MEXICO ENVIRONMENTAL IMPROVEMENT DIVISION, Petitioner, v. Lee M. THOMAS, Administrator, United States Environmental Protection Agency, Respondent.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 22, 1986.

Attorney(s) appearing for the Case

Louis W. Rose, Div. Atty., Sp. Asst. Atty. Gen. (Laure van Heijenoort, Sp. Asst. Atty. Gen., General Counsel, on brief) of Environmental Imp. Div., Santa Fe, N.M., for petitioner.

David W. Zugschwerdt (F. Henry Habicht, II, Asst. Atty. Gen., Margaret N. Strand, Michael W. Steinberg, U.S. Dept. of Justice, Mark Stanga, U.S.E.P.A., Washington, D.C.; Francis Blake, General Counsel, William F. Pedersen, Associate General Counsel, Peter H. Wyckoff, Asst. General Counsel, U.S.E.P.A., Region 6, Dallas, Tex., of counsel, with him on brief), for respondent.

Before BARRETT, MOORE and ANDERSON, Circuit Judges.

BARRETT, Circuit Judge.

This petition for review of a final rule promulgated by the Administrator of the Environmental Protection Agency (EPA) concerns disapproval of New Mexico's State Implementation Plan (SIP) under the Clean Air Act (CAA) and the resulting sanctions thereunder. The petitioner, Environmental Improvement Division (EID), is a New Mexico state agency which operates the state's air quality program.

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