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MADISON GAS & ELEC. CO. v. U.S. E.P.A.

No. 93-2131.

4 F.3d 529 (1993)

MADISON GAS & ELECTRIC COMPANY, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided September 9, 1993.

Attorney(s) appearing for the Case

Henry V. Nickel, Norman W. Fichthorn, Lynne L. Johnson, Hunton & Williams, Washington, DC, for petitioner.

Lee M. Thomas, Lawrence J. Jensen, Gerald H. Yamada, Carol M. Browner, E.P.A., Washington, DC, Valdas V. Adamkus, E.P.A., Region 5, Office of the Regional Counsel, Chicago, IL, Jonathan C. Averback, John C. Nagle, Dept. of Justice, Environmental Defense Section, Washington, DC, for respondent.

Before CUMMINGS, POSNER, and KANNE, Circuit Judges.

POSNER, Circuit Judge.

Section 307(b)(1) of the Clean Air Act, 42 U.S.C. § 7607(b)(1), provides that petitions to review "nationally applicable regulations" issued by the Environmental Protection Agency under the Act are reviewable only in the U.S. Court of Appeals for the District of Columbia Circuit, while petitions to review "locally or regionally applicable" actions by the agency are reviewable only in the regional courts of appeals. The EPA asks us to dismiss...

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