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AMERICAN LUNG ASS'N OF N.J. v. KEAN

Civ. A. No. 87-288.

670 F.Supp. 1285 (1987)

AMERICAN LUNG ASSOCIATION OF N.J., et al., Plaintiffs, v. Thomas H. KEAN, Governor of N.J., et al., Defendants.

United States District Court, D. New Jersey.

September 24, 1987.

Attorney(s) appearing for the Case

Edward Lloyd, Rutgers Environmental Law Clinic, Newark, N.J., Eric A. Goldstein, Donald S. Strait, Natural Resources Defense Council, New York City, for plaintiffs.

Paul H. Schneider, for W. Cary Edwards, Atty. Gen., of N.J., Richard J. Hughes Justice Complex, Trenton, N.J., for State defendants.

Ralph J. Marra, Jr., Asst. U.S. Atty., Michael M. Wenig, U.S. Dept. of Justice, Newark, N.J., for defendant E.P.A.U.S.

Dennis M. Toft, Kimmelman, Wolff & Samson, P.A., Roseland, N.J., for amicus curiae American Petroleum Institute.

OPINION

HAROLD A. ACKERMAN, District Judge.

This is a citizen's suit brought under § 304 of the federal Clean Air Act, 42 U.S.C. § 7604 (1982), by the American Lung Association of N.J. and other New Jersey non-profit associations, against officials of the State of New Jersey (hereinafter referred to collectively as "New Jersey") and the Federal Environmental Protection Agency (EPA). In their complaint, plaintiffs claim that New Jersey has violated...

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