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Columbus & S. Ohio Elec. Co. v. Costle

Citation: 10 ELR 20895
No. Nos. 78-3197, -3644, 638 F.2d 910/15 ERC 1530/(6th Cir., 09/30/1980)

The court rejects a challenge to the Environmental Protection Agency's (EPA's) designation of parts of Pickaway County, Ohio as a non-attainment area under § 107(d) of the Clean Air Act and reverses the designation of parts of Coshocton County as non-attainment. The latter designation was based on an air quality computer model that has previously been held by the court to be invalid in part, and thus the designation was arbitrary and capricious. With respect to the Pickaway County designation, the court finds that EPA fairly based its decision on modeling data rather than the monitoring data submitted by petitioner. The monitoring data was rightly criticized by the agency for improper placement of the monitoring stations. Had EPA not indicated to petitioner where to place its monitors, petitioner's claim would have merit; this is not the case.

Counsel for Petitioner
Jeffrey McNealey
Porter, Wright, Morris & Arthur
37 W. Broad St., Columbus OH 43215
(614) 227-2000

Counsel for Respondents
Mary Ann Muirhead
Office of the General Counsel
Environmental Protection Agency, Washington DC 20460
(202) 755-2511

Paul M. Kaplow
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2831

Before: EDWARDS, Chief Judge, and PHILLIPS and PECK, Senior Circuit Judges.