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U.S. Steel Corp. v. EPA

Citation: 10 ELR 20970
No. Nos. 79-2254, -2276, 633 F.2d 671/15 ERC 1368/(3d Cir., 10/27/1980)

The Third Circuit Court of Appeals upholds the Environmental Protection Agency's (EPA's) approval of amendments to Pennsylvania's state implementation plan (SIP) imposing stricter limitations on emissions of particulates from coke oven batteries. The Agency properly approved the revision on the ground that it would not interfere with timely attainment of national ambient air quality standards (NAAQS), and there is no merit in petitioners' argument that EPA would approve the revision only on the basis of an affirmative finding that it would achieve attainment with NAAQS as expeditiously as possible. The difference between these two standards is semantic at most. The court also rejects the claim that EPA improperly considered the practicability of the SIP revision, finding it to have no basis in the record.

Counsel for Petitioners
Blair S. McMillin, Harley N. Trice II
Reed, Smith, Shaw & McClay
P.O. Box 2009, Pittsburgh PA 15230
(412) 288-3131

Counsel for Respondents
Angus C. MacBeth, Deputy Ass't Attorney General; Donald W. Stever Jr., Raymond W. Mushal
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2744

Michele B. Corash, General Counsel; Mitchell H. Bernstein
Office of the General Counsel
Environmental Protection Agency, Washington DC 20460
(202) 755-2511

Counsel for Intervenor Commonwealth of Pennsylvania
Thomas Y. Au, Louis A. Naugle
Department of Environmental Resources, P.O. Box 1467, Harrisburg PA 17120
(717) 787-2315

Before Adams, Hunter, and Higginbotham, JJ.