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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. TRAIN

No. 146, Docket 76-6075.

545 F.2d 320 (1976)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Plaintiffs-Appellees, v. Russell TRAIN, as Administrator of the U.S. Environmental Protection Agency, and the U.S. Environmental Protection Agency, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 10, 1976.

Attorney(s) appearing for the Case

Michael H. Dolinger, Asst. U.S. Atty., New York City (Robert B. Fiske, Jr., U.S. Atty. for the S.D.N.Y, Mary C. Daly, Asst. U.S. Atty., New York City, and Merideth Wright, Atty., E.P.A., of counsel), for appellants.

David Schoenbrod, Roger Beers (Natural Resources Defense Council, Inc.), New York City, of counsel, for appellees.

Before SMITH, OAKES and MESKILL, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

The Environmental Protection Agency, ("EPA"), and its Administrator, Russell Train, appeal from an order of the United States District Court for the Southern District of New York, Charles E. Stewart, Jr., Judge, in an action under § 304 of the Clean Air Act, as amended, 42 U.S.C. § 1857h-2(a), requiring the Administrator of the EPA, within thirty days, to place lead on a list of air pollutants under § 108(a)(1) of the...

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