urges, deliberately to locate pollution sources in cleanair areas and thereby to allow this deterioration to occur. Thus, the only time Congress directly faced petitioner's policy arguments, it rejected them.

CONCLUSION

For the foregoing reasons, respondents respectfully submit that the judgment below should be affirmed.

April 1973

BRUCE J. TERRIS

HELEN COHN NEEDHAM
SUELLEN T. KEINER

NATHALIE VAYSSIE BLACK
JAMES W. MOORMAN

Attorneys for Respondents

109

Slip Opinion

NOTICE: This opinion is subject to formal revision before publication
in the preliminary print of the United States Reports. Readers are re-
quested to notify the Reporter of Decisions, Supreme Court of the
United States, Washington, D.C. 20543, of any typographical or other
formal errors, in order that corrections may be made before the pre-
liminary print goes to press.

The judgment is affirmed by an equally divided Court.

MR. JUSTICE POWELL took no part in the decision of this case.