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Ohio v. EPA

ELR Citation: 16 ELR 20870
Nos. Nos. 80-3575 et al., 798 F.2d 880/24 ERC 1817/(6th Cir., 08/07/1986) On reh'g

The court reaffirms the merits of its earlier decision, 16 ELR 20447, in which it held that the Environmental Protection Agency's (EPA's) use of a computerized atmospheric model to set emission limits without a validation program was arbitrary and capricious. The court, at the request of the parties, remands the case to EPA for a de novo proposal of a validation program and interim emission limits.

Counsel are listed at 16 ELR 20447.

Before: ENGEL, MERRITT, and MILBURN, Circuit Judges.