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ILLINOIS E.P.A. v. U.S. E.P.A.

No. 89-1883.

947 F.2d 283 (1991)

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided November 5, 1991.

Attorney(s) appearing for the Case

Michelle D. Jordan, Matthew Dunn, Asst. Atty. Gen., Office of the Atty. Gen., Chicago, Ill., Christine Zeman, Asst. Atty. Gen., Office of the Atty. Gen., Crim. Appeals Div., Springfield, Ill., and Richard Cappalli (argued), Philadelphia, Pa., for petitioner.

Don R. Clay, Jane C. Souzon, E.P.A., Gary S. Guzy (argued), Karen L. Egbert, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., Richard J. Carlson, E.P.A., Region 5, Office of the Regional Counsel, and Elizabeth R. Schenkier, Chicago, Ill., for respondent.

Before BAUER, Chief Judge, MANION and KANNE, Circuit Judges.

KANNE, Circuit Judge.

After the United States Environmental Protection Agency (the "US-EPA") denied the Illinois Environmental Protection Agency's (the "IL-EPA") fiscal year 1988 supplemental grant application, the IL-EPA filed a petition for review of the federal agency's final action. The IL-EPA argues that the US-EPA unlawfully diverted state grant funds to federal programs; specifically, it contends that the US-EPA's set-aside or reallocation regulation, 40 C...

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