DELAWARE VALLEY CITIZENS COUNCIL v. DAVIS

Nos. 90-1309, 90-1410.

932 F.2d 256 (1991)

DELAWARE VALLEY CITIZENS COUNCIL FOR CLEAN AIR; Delaware Valley Toxics Coalition; Sierra Club, Pennsylvania Chapter; Pennsylvania Federation of Sportsmens Clubs; Bicycle Coalition of the Delaware Valley; Girard Estate Area Civic Association; Tolentine Community Center and Development Organization; Thomas G. McFarland and Charles E. Rolan v. Arthur A. DAVIS, Individually, and Arthur A. Davis, as Secretary, Pennsylvania Department of Environmental Resources, Howard Yerusalim, as Secretary, Pennsylvania Department of Transportation, Robert P. Casey, as Governor, Commonwealth of Pennsylvania, the Commonwealth of Pennsylvania, William K. Reilly, as Administrator, U.S. Environmental Protection Agency, Stanley L. Laskowski, as Acting Director, U.S. Environmental Protection Agency Region III, Samuel Skinner, as Secretary, U.S. Department of Transportation, Howard Yerusalim, Individually and as Secretary, Pennsylvania Department of Transportation, Robert P. Casey, Individually, and as Governor of the Commonwealth of Pennsylvania. Delaware Valley Citizens Council for Clean Air; Delaware Valley Toxics Coalition; Sierra Club, Pennsylvania Chapter; Pennsylvania Federation of Sportsmens Clubs, Bicycle Coalition of the Delaware Valley; Girard Estate Area Civic Association; Tolentine Community Center and Development Organization; Thomas G. McFarland and Charles E. Rolan, Appellants in No. 90-1309. William K. Reilly, as Administrator, U.S. Environmental Protection Agency, Stanley L. Laskowski, as Acting Director, U.S. Environmental Protection Agency Region III, and Samuel Skinner, as Secretary, U.S. Department of Transportation, Appellants in No. 90-1410.

United States Court of Appeals, Third Circuit.

Decided May 6, 1991.

Rehearing and Rehearing Denied June 3, 1991.


Attorney(s) appearing for the Case

Richard G. Feder, Fine, Kaplan & Black, and Jerome Balter (argued), Philadelphia, Pa., for appellants Delaware Valley Citizens Council for Clean Air; Delaware Valley Toxics Coalition; Sierra Club, Pennsylvania Chapter; Pennsylvania Federation of Sportsmens Clubs; Bicycle Coalition of the Delaware Valley; Girard Estate Area Civic Ass'n, Tolentine Community Center and Development Organization; Thomas G. McFarland and Charles E. Rolan at No. 90-1309.

Michael Baylson, U.S. Atty., David F. McComb, Asst. U.S. Atty., Office of U.S. Atty., Stephen N. Field, Asst. Regional Counsel, U.S. E.P.A., Office of Regional Counsel, Region III, Philadelphia, Pa., Jill Grant, Office of Gen. Counsel, U.S. E.P.A., and Richard B. Stewart, Asst. Atty. Gen., W. Christian Schumann, David C. Shilton, and Ellen J. Durkee (argued), U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for appellants William K. Reilly, as Adm'r, U.S. E.P.A., Stanley L. Laskowski, as Acting Director, U.S. E.P.A. Region III, and Samuel Skinner, as Secretary, U.S. Dept. of Transp. at No. 90-1410.

Martha E. Blasberg (argued), Asst. Counsel, Dept. of Environmental Resources, Office of Chief Counsel, Eastern Region, Philadelphia, Pa., and Dennis W. Strain, Litigation Coordinator, Department of Environmental Resources, Office of Chief Counsel, Harrisburg, Pa., for appellees Arthur A. Davis, individually, and Arthur A. Davis, as Secretary, Pennsylvania Dept. of Environmental Resources, Howard Yerusalim, as Secretary, Pennsylvania Dept. of Transp., and Robert P. Casey, as Governor, Com. of Pa. at Nos. 90-1309 and 90-1410.

Before STAPLETON, HUTCHINSON and GARTH, Circuit Judges.


Rehearing and Rehearing In Banc Denied in No. 90-1309 June 3, 1991.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

I.

Delaware Valley Citizens Council for Clean Air, together with other public interest citizens and community groups and two individuals (collectively "the Citizens"),1 appeal a final order of the United States District Court for the Eastern District of...

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