U.S. v. GENERAL MOTORS CORP.

No. 88-1799.

876 F.2d 1060 (1989)

UNITED STATES of America, Plaintiff, Appellant, v. GENERAL MOTORS CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 7, 1989.


Attorney(s) appearing for the Case

David C. Shilton, Land and Natural Resources Div., Dept. of Justice, with whom Roger J. Marzulla, Asst. Atty. Gen., Richard J. Leon, Deputy Asst. Atty. Gen., Jacques B. Gelin and William D. Brighton, Land and Natural Resources Div., Dept. of Justice, Washington, D.C., were on brief, for U.S.

Theodore L. Garrett with whom Sonya D. Winner, Covington & Burling, Washington, D.C., Kenneth A. Reich, Grand Rapids, Mich., Widett, Slater & Goldman, Boston, Mass., and Patrick J. McCarroll, Detroit, Mich., were on brief, for appellee.

Janet G. McCabe, Environmental Protection Div., Dept. of the Atty. Gen., and Lee P. Breckenridge, Chief, Environmental Protection Div., Boston, Mass., on brief for the Com. of Massachusetts, amicus curiae.

Before CAMPBELL, Chief Judge, COFFIN and TORRUELLA, Circuit Judges.


COFFIN, Circuit Judge.

This is an appeal by the Environmental Protection Agency (EPA) from the district court's dismissal of its enforcement action under the Clean Air Act, 42 U.S.C. § 7401 et seq., against appellee General Motors. The case requires us to answer two statutory questions. First, does the four-month time limit for EPA action on original state implementation plans (SIPs) also apply to the Agency's review of proposed revisions to existing state...

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