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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. BROWNER

No. 94-1647.

57 F.3d 1122 (1995)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner, v. Carol M. BROWNER, Administrator, Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 27, 1995.

Attorney(s) appearing for the Case

Sharon Buccino, Washington, DC, argued the cause, for petitioner. With her on the briefs was David M. Driesen, Washington, DC. David G. Hawkins, Washington, DC, entered an appearance.

Ronald M. Spritzer, Atty., U.S. Dept. of Justice, Washington, DC, argued the cause, for respondents. With him on the brief were Lois J. Schiffer, Asst. Atty. Gen., and Jan M. Tierney, Atty., E.P.A., Washington, DC.

Before: WALD, ROGERS and TATEL, Circuit Judges.

ROGERS, Circuit Judge:

The 1990 amendments to the Clean Air Act revised the regulatory framework for achieving national air quality goals. Among other changes, the amendments altered the schedule of State Implementation Plan ("SIP") submissions and Environmental Protection Agency ("EPA") responses thereto, and strengthened the sanctions that apply in the event of state noncompliance. Under § 179(a), 42 U.S.C. § 7509(a) (Supp. V 1993), an EPA finding of one...

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