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eBook details

• Title: Dow Chemical Co. v. United States Environmental Protection Agency and Douglas M. Costle
• Author : Sixth Circuit. United States Court Of Appeals
• Release Date : January 09, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 80 KB

Description

We deal here with three petitions filed by The Dow Chemical Company seeking review of decisions of respondent, United States Environmental Protection Agency, under the Clean Air Act, 42 U.S.C. § 7401 et seq. (Supp. II 1978). These decisions designated Midland County as a ""nonattainment area"" (Appeal Nos. 78-3139 and 78-3595) and refused to approve a state approved revision of Michigan's ""State Implementation Plan"" (Appeal No. 80-3260). These appeals were consolidated by order of this court when it became apparent that they presented basically the same issue. We recognize at the outset that this case is not comparable to the many clean air petitions which have previously been heard by this court. In these prior cases, many industries have demonstrated obdurate resistance to the national effort to achieve national air quality standards. Cincinnati Gas & Electric Co. v. EPA, 578 F.2d 660 (6th Cir. 1978), cert. denied, 439 U.S. 1114, 99 S. Ct. 1017, 59 L. Ed. 2d 72 (1979); Cleveland Electric Illuminating Co. v. EPA, 572 F.2d 1150 (6th Cir.), cert. denied, 439 U.S. 910, 99 S. Ct. 278, 58 L. Ed. 2d 256 (1978).

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