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WEST PENN POWER CO. v. U.S. E.P.A.

No. 87-3220.

860 F.2d 581 (1988)

WEST PENN POWER COMPANY, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Lee M. Thomas, Administrator, Respondents.

United States Court of Appeals, Third Circuit.

Decided November 1, 1988.

Rehearing and Rehearing Denied January 18, 1989.

Attorney(s) appearing for the Case

Lawrence A. DeMase (argued), Stanley R. Geary, Edward Gerjuoy, Rose, Schmidt, Chapman, Duff & Hasley, Pittsburgh, Pa., for petitioner.

Gerald H. Yamada, Deputy Gen. Counsel, Alan W. Eckert, Associate Gen. Counsel, Charles S. Carter (argued), Asst. Gen. Counsel, Joseph Feller, Asst. Gen. Counsel, U.S. E.P.A., Washington, D.C., Roger J. Marzulla, Acting Asst. Atty. Gen., Lisa F. Ryan, Environmental Defense Section, Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., Robert Smolski, Office of Regional Counsel, U.S. E.P.A., Region III, Philadelphia, Pa., for respondents.

John M. Elliott, Stephen C. Braverman, Philip J. Katauskas, Baskin Flaherty Elliott & Mannino, P.C., Philadelphia, Pa., for amicus curiae Pennsylvania Coal Min. Ass'n.

Richard P. Mather, Asst. Counsel, Com. of Pa., Dept. of Environmental Resources, Harrisburg, Pa., for amicus curiae Com. of Pa.

Before SLOVITER and BECKER, Circuit Judges, and COWEN, District Judge.

Rehearing and Rehearing In Banc Denied January 18, 1989.

OPINION OF THE COURT

BECKER, Circuit Judge.

This is a petition for review of the Environmental Protection Agency's denial of a request to redesignate an area in Western Pennsylvania to "attainment" status under the Clean Air Act. 42 U.S.C. §§ 7401-7642 (1982). Resolution of the petition itself would require us to determine whether petitioner West Penn Power Company's construction...

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