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CITIZENS FOR CLEAN AIR v. U.S. E.P.A.

No. 90-70119.

959 F.2d 839 (1992)

CITIZENS FOR CLEAN AIR and Council for Land Care and Planning, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and Washington Department of Ecology, Respondents, City of Spokane, and Wheelabrator Spokane, Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided March 26, 1992.

Attorney(s) appearing for the Case

David A. Bricklin, Bricklin & Gendler, Seattle, Wash., for petitioners.

Craig D. Galli, U.S. Dept. of Justice, Washington, D.C., for respondent.

Jeffrey B. Renton, Gregory B. Foote, E.P.A., Office of General Counsel, and Deborah Hilsman, Asst. Regional Counsel, EPA Region X, for E.P.A.

Laurie S. Halvorson, Asst. Atty. Gen., Olympia, Wash. (Washington Dept. of Ecology) (appeared only).

Craig S. Trueblood, Preston, Thorgrimson, Shidler, Gates & Ellis, Spokane, Wash., for intervenors-respondents, City of Spokane.

Before: TANG, O'SCANNLAIN and LEAVY, Circuit Judges.

TANG, Circuit Judge:

Citizens for Clean Air and the Council for Land Care and Planning ("Citizens") petition for judicial review of final orders of the Environmental Protection Agency ("EPA") denying Citizens' two petitions for administrative review. Citizens sought EPA review of a Washington Department of Ecology ("Ecology") permit for construction of a solid waste incinerator by the City of Spokane, Washington. The Clean Air Act, as amended, 42 U.S.C. §§...

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