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SOUTHWESTERN PENNSYLVANIA GROWTH ALLIANCE v. BROWNER

No. 96-3761.

144 F.3d 984 (1998)

SOUTHWESTERN PENNSYLVANIA GROWTH ALLIANCE, Petitioner, v. Carol M. BROWNER, Administrator, U.S. Environmental Protection Agency; United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided May 26, 1998.

Attorney(s) appearing for the Case

Christopher C. French (argued), William J. Labovitz, Kenneth S. Komoroski (briefed), John P. Englert, Lauren S. McAndrews, Kirkpatrick & Lockhart, Pittsburgh, PA, Virgil E. Alexander, Babst, Calland, Clements & Zomnir, Pittsburgh, PA, Barry M. Hartman (briefed), Kirkpatrick & Lockhart, Washington, DC, for Petitioner.

Catherine M. Flanagan (argued and briefed), Greer S. Goldman, U.S. Department of Justice, Civil Division, Appellate Staff, Environmental Defense Section, Washington, DC, Valdas V. Adamkus, U.S. Environmental Protection Agency, Office of Regional Counsel, Region V, Chicago, IL, Carol Browner, Administrator, Office of U.S. Environmental Protection Agency, Washington, DC, for Respondents.

Susan E. Ashbrook (briefed), Office of the Attorney General of Ohio, Environmental Enforcement Section, Columbus, OH, for Amicus Curiae State of Ohio.

Before: MERRITT and BATCHELDER, Circuit Judges; DOWD, District Judge.

OPINION

MERRITT, Circuit Judge.

This case arises under the Clean Air Act, 42 U.S.C. §§ 7401-7671q, as amended. The petitioner, the Southwestern Pennsylvania Growth Alliance, appeals the decision of the Administrator of the United States Environmental Protection Agency directly to this Court under 42 U.S.C. § 7607(b)(1). The petitioner argues that the EPA's decision to redesignate the Cleveland-Akron-Lorain, Ohio, area as an "attainment" area...

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