Ohio v. United States EPA

by the United States Court of Appeals for the Sixth Circuit

784 F.2d 224

STATE OF OHIO, COMMONWEALTH OF MASSACHUSETTS, CLEVELAND ELECTRIC ILLUMINATING COMPANY, NORTHERN OHIO LUNG ASSOCIATION, NORTH AMERICAN COAL CORPORATION and NACCO MINING COMPANY, Petitioners, COMMONWEALTH OF PENNSYLVANIA, STATE OF NEW YORK, STATE OF NEW HAMPSHIRE, OHIO MINING AND RECLAMATION ASSOCIATION, and YOUGHIOGHENY & OHIO COAL COMPANY, Intervenors

v.

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, ANNE M. GORSUCH, Administrator, Respondents

No. 80-3575, 80-3576, 80-3579, 80-3581, 80-3582, 81-3525

United States Court of Appeals,
Sixth Circuit.

January 15, 1985, Argued
February 26, 1986
Order of February 26, 1986, Reported at 23 ERC (BNA) 2091
Subsequent Opinion of August 7, 1986, Reported at 798 F.2d 880.
Judgment and Order of Remand Entered October 2, 1986.

ON PETITION for Review from the Environmental Protection Agency.

Engel, Merritt and Milburn, Circuit Judges. Engel, Circuit Judge, concurring. Merritt, Circuit Judge, delivered the opinion of the Court, in which Milburn, Circuit Judge, joined. Engel, Circuit Judge, (p. 15) delivered a separate concurring opinion.