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STATE OF MICH. v. THOMAS

No. 85-3674.

805 F.2d 176 (1986)

STATE OF MICHIGAN, a sovereign state of the United States of America, et al., Petitioners, v. Lee M. THOMAS, Administrator of the United States Environmental Protection Agency, and the United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided November 12, 1986.

Attorney(s) appearing for the Case

Stephen F. Schuesler (argued), Asst. Atty. Gen., Environmental Protection Div., Frank Kelley, Louis Caruso, Lansing, Mich., Joseph M. Polito (argued), Elizabeth A. Lowery, Honigman, Miller, Schwartz & Cohn, Detroit, Mich., for petitioners.

Andrea Bear Field, Hunton & Williams, Washington, D.C., for amicus curiae Alabama Power Co.

Lisa F. Ryan (argued), Environmental Defense Section, Land & Resources Div., U.S. Dept. of Justice, Washington, D.C., for respondents.

Before MARTIN and GUY, Circuit Judges, and BROWN, Senior Circuit Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

The State of Michigan and numerous companies and trade associations have petitioned for review of the U.S. Environmental Protection Agency's final action under the Clean Air Act, as amended 42 U.S.C. §§ 7401 et seq., concerning rules proposed by Michigan to control fugitive dust emissions. The Agency's partial disapproval of the rules triggered a construction moratorium in those areas of Michigan that have not...

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