ELR Citation: ELR 20341
No(s). 72-1073 (D.C. Cir. May 22, 1975)

The D.C. Circuit Court of Appeals holds valid EPA's stationary source standards, promulgated under §111 of the Clean Air Act, for new or modified Portland cement plants. The Administrator's response to the court's earlier remand order adequately reconsiders and clarifies those matters that the court remanded for further consideration. The industry has admitted that the emissions reduction standards are achievable and has failed to demonstrate that it is economically unable to adjust to them. The court also accepts plume opacity testing as a reliable measure of emission levels.

Counsel for Petitioner
Robert E. Haythorne
Kirkland & Ellis
2900 Prudential Plaza
Chicago, IL 60601

Edward W. Warren
Warren, Henkelman, McMenamin & Kreder
Scranton Electric Building
Scranton, PA 18503

Counsel for Respondent
Wallace H. Johnson Asst. Attorney General
William L. Want
Edmund B. Clark
Martin Green
Department of Justice
Washington, DC 20530