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SOLAR TURBINES INC. v. SEIF

Nos. 88-3178, 88-5591 and 88-5623.

879 F.2d 1073 (1989)

SOLAR TURBINES INCORPORATED, Petitioner, v. James M. SEIF, Regional Administrator, Region III, United States Environmental Protection Agency, and United States Environmental Protection Agency, Respondents. SOLAR TURBINES INCORPORATED, Appellant in No. 88-5623 v. James M. SEIF, Regional Administrator, Region III, United States Environmental Protection Agency, and United States Environmental Protection Agency, Appellant in No. 88-5591.

United States Court of Appeals, Third Circuit.

Decided June 27, 1989.

Attorney(s) appearing for the Case

Scott M. Turner (argued) (Harold A. Kurland, Ronald G. Hull, of counsel), Nixon, Hargrave, Devans & Doyle, Rochester, N.Y. (Terry R. Bossert, of counsel), McNees, Wallace & Nurick, Harrisburg, Pa., for petitioner in No. 88-3178 and appellant in No. 88-5623.

Roger J. Marzulla, Asst. Atty. Gen., John Stahr, Jean Anne Kingrey (argued), Sp. Litigation Counsel, Dept. of Justice, Washington, D.C. (Leslie Guinan, of counsel), E.P.A., Region III, Philadelphia, Pa., for respondents in No. 88-3178 and appellant in No. 88-5591.

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

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The consolidated appeals and the petition for review in this case are from the preliminary skirmishes in the Environmental Protection Agency's (EPA's) attempt to prevent Solar Turbines Inc., a subsidiary of Caterpillar, Inc., from constructing and operating a cogeneration facility at a Caterpillar, Inc. manufacturing plant in York County, Pennsylvania. We conclude that

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