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STATE OF ARIZ. v. THOMAS

No. 86-7693.

829 F.2d 834 (1987)

STATE OF ARIZONA, Petitioner, v. Lee M. THOMAS, Administrator, U.S. Environmental Protection Agency, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided October 2, 1987.

Attorney(s) appearing for the Case

Paige Murphy-Young, Phoenix, Ariz., for petitioner.

David W. Zugschwerdt, Washington, D.C., for respondent.

Howard J. Hoffman, Washington, D.C., for the EPA.

Before SCHROEDER and POOLE, Circuit Judges, and SMITH, District Judge.

PER CURIAM:

The State of Arizona petitions this court pursuant to 42 U.S.C. § 7607(b)(1) to set aside the action taken by the Administrator of the Environmental Protection Agency (Administrator) in disapproving Arizona's Clean Air Act implementation plans and imposing mandatory sanctions on construction of new carbon monoxide pollution sources. The EPA took the action pursuant to section 7410(a)(2) of the Act which gives it authority to approve and disapprove...

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