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DELAWARE CIT. FOR CL. A., INC. v. ADMINISTRATOR U. S. E. P. AG.

No. 72-1548.

480 F.2d 972 (1973)

DELAWARE CITIZENS FOR CLEAN AIR, INC., a Delaware corporation, Petitioner, v. ADMINISTRATOR U. S. ENVIRONMENTAL PROTECTION AGENCY and William D. Ruckelshaus.

United States Court of Appeals, Third Circuit.

Decided June 21, 1973.

Attorney(s) appearing for the Case

Jacob Kreshtool, Bader, Dorsey & Kreshtool, Wilmington, Del., for petitioner.

Kent Frizzell, Asst. Atty. Gen., and Edmund B. Clark, Martin Green and James R. Walpole, Dept. of Justice, Land and Natural Resources Division, Washington, D. C., for respondents.

Before FORMAN, VAN DUSEN and GIBBONS, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

Pursuant to § 307(b) (1) of the Clean Air Act, 42 U.S.C. § 1857h-5(b) (1) (1970),1 Delaware Citizens for Clean Air, Inc. (DCCA) here challenges the Environmental Protection Agency's (EPA) approval of portions of Delaware's implementation plan. The challenge is on the merits. We stress this point because all the decided cases we have been able to locate either deal with...

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