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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. TRAIN

No. 74 Civ. 4617.

411 F.Supp. 864 (1976)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Plaintiffs, v. Russell TRAIN, Administrator Environmental Protection Agency, et al., Defendants.

United States District Court, S. D. New York.

March 1, 1976.

Attorney(s) appearing for the Case

David Schoenbrod, Natural Resources Defense Council, New York City, for plaintiff; Marcia Cleveland, New York City, of counsel.

John S. Siffert, Asst. U. S. Atty., New York City, for defendants; Leslie A. Carothers, Washington, D. C., for EPA; Paul Kaplow, Washington, D. C., Dept. of Justice, of counsel.

MEMORANDUM

STEWART, District Judge:

Natural Resources Defense Council, Inc. ("NRDC") and other named plaintiffs bring this action against the Environmental Protection Agency ("EPA") and its administrator Russell Train for failure to list lead as a pollutant under § 108 of the Clean Air Act of 1970. Defendants have moved to dismiss the complaint for lack of jurisdiction and failure to state a claim or for an order granting summary judgment. Plaintiffs...

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