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COM. OF PA., DER v. U.S.E.P.A.

No. 90-3171.

932 F.2d 269 (1991)

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and William K. Reilly, Administrator, Respondents.

United States Court of Appeals, Third Circuit.

Decided May 6, 1991.

Attorney(s) appearing for the Case

Richard P. Mather (argued), Asst. Director, Bureau of Regulatory Counsel, Dept. of Environmental Resources, Harrisburg, Pa., for petitioner Com. of Pa., Dept. of Environmental Resources.

Richard B. Stewart, Asst. Atty. Gen., Mary Elizabeth Ward (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., and Sara Schneeberg, Office of Gen. Counsel, U.S.E.P.A., Washington, D.C., and Stephen N. Field, Asst. Regional Counsel, U.S. E.P.A., Philadelphia, Pa., for respondents U.S. E.P.A. and William K. Reilly, Adm'r.

Before STAPLETON, HUTCHINSON and GARTH, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

This petition for review was argued on the same day as the consolidated appeals in Delaware Valley Citizens Council for Clean Air v. Davis, 932 F.2d 256 (3d Cir.1991). The factual background and procedural history of this case are set out in detail in that opinion, to which we refer the reader. Here, we will simply summarize the facts and background most salient to this...

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