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CONCERNED CITIZENS OF BRIDESBURG v. U.S. E.P.A.

No. 86-3380.

836 F.2d 777 (1987)

CONCERNED CITIZENS OF BRIDESBURG and Delaware Valley Citizens' Council for Clean Air, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Lee M. Thomas, Administrator, United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Third Circuit.

Decided December 18, 1987.

Attorney(s) appearing for the Case

Jerome Balter (Argued), Public Interest Law Center of Philadelphia, Joseph Otis Minott, Philadelphia, Pa., for petitioners.

F. Henry Habicht, II, Asst. Atty. Gen., Land & Natural Resources Div., Bradley S. Bridgewater (Argued), U.S. Dept. of Justice, Land and Environmental Resouces Div., Environmental Defense Section, Washington, D.C., Kendra Sagoff, Office of General Counsel, E.P.A., Washington, D.C., Robert J. Smolski, U.S. E.P.A., Philadelphia, Pa., for respondents.

Handsel B. Minyard, City Solicitor, Denise D. Colliers, Divisional Deputy City Solicitor, Frederick C. Bader, Asst. City Sol., Philadelphia, Pa., for the City of Philadelphia, amicus curiae on behalf of respondents.

Before SLOVITER, BECKER and GARTH, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

The Clean Air Act, 42 U.S.C. §§ 7401-28 (1982) ("the Act"), "creates a partnership between the states and the federal government": the federal government, through the Environmental Protection Agency ("EPA"), determines the ends — the standards of air quality — while the states are given the initiative and broad responsibility to determine the means to achieve those ends. Bethlehem Steel...

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