United States Steel Corp. v. Environmental Protection Agency

Opinion OF THE COURT In this proceeding, Scott Paper Company (Scott), the intervenor, opposes the motion filed by the United States Steel Corporation (U. S. Steel), the petitioner, seeking to dismiss its petition for review of the action of the Administrator of the Environmental Protection Agency (EPA). We grant (a) Scott's motion for permission to proceed with judicial review of the challenged EPA action, and (b) U. S. Steel's motion for dismissal, without prejudice to the right of Scott to continue to prosecute the petition for review filed by U. S. Steel. On June 4, 1979, the Administrator of EPA approved and promulgated revisions to the Pennsylvania State Implementation Plan pertaining to limitations on the sulfur content of fuels in southeastern Pennsylvania. 44 Fed.Reg. 31980-81 (June 4, 1979).1 On August 2, 1979, U. S. Steel filed a petition for review of this action. On August 29, 1979, Scott filed a motion seeking leave to intervene, in which Scott explained its basis for intervention as follows: