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Buckeye Power Co. v. EPA

United States Court of Appeals for the Sixth Circuit

481 F.2d 162 (1973)

Facts

The Environmental Protection Agency (EPA) (defendant) approved Ohio’s and Kentucky’s plans to achieve standards for ambient air quality required under federal law. Buckeye Power Co. (Buckeye) (plaintiff), a public utility company, challenged the EPA’s approval of the plan, arguing that the EPA had violated § 553 of the Administrative Procedure Act by denying Buckeye and other interested parties the opportunity to participate in the rulemaking process.

Rule of Law

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Issue

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Holding and Reasoning (Weick, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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