The Courier-Journal from Louisville, Kentucky • Page 4

(3 6 THE COURIER-JOURNAL, FRIDAY, OCTOBER 5, 1979 Last Amtrak Floridian due tomorrow YOOD "nTlean Mayer and needs you' 1nU.Aesiy in Sunday Amtrak did not hold the required public hearings or file environmental-impact statements before deciding to eliminate the Lone Star. The state of Minnesota, through which the North Coast Hiawatha runs, and metropolitan Nashville, through which the Floridian runs, joined in the suit last week. "What had been argued as a flawed administrative action of DOT, now has been adopted by an act of Thels said yesterday. He said the courts had the power to review the Amtrak report that eliminated the train, but not Congress' decision to adopt the report "knowing that it was flawed." "It was apparent at the Initial hearing that the policy adopted to discontinue the trains was probably erroneous, and as such reviewable by court action," he said. "However, when Congress ratified the Amtrak administrative decision to eliminate the three trains, it was acting within its power, and its policy decision is not reviewable by the courts," Thels said.

Stephan said he would seek a preliminary injunction from the 10th VS. Circuit Court of Appeals in Denver today. John Jacobsen said that unless The is' order is overruled, trains on the North Coast Hiawatha scheduled to depart after 7 p.m. today would not operate. The Lone Star will cease after one final run In both directions today, he said, and the northbound Floridian will also operate today.

The southbound Floridian, due to leave Chicago at 10:30 p.m. tonight will not operate, he added. Jacobsen said the number of passengers affected is expected to be minimal, and they will be eligible for refunds. In the federal court suit Kansas Attorney General Robert Stephan claimed the Department of Transportation and Accenw 5 THESE TOP-QUALITY 21 home improvement supermart Si iT iii jJffc 'si's pi i rt a laxir itairt iaihi nit i.khu WMLLrMrcii IKOE303l II DAZZLING MncAin tii iiiuwniw aaa ELEGANT IMMSPK EXQUISITE Pram Staff and AP Dispatch The last Amtrak Floridian passenger train from Miami will come through Louisville tomorrow night A federal Judge In Wichita, Kan, lifted his restraining order against Amtrak yesterday, freeing the railway to eliminate three of Its trains, Including the Floridian. The Floridian that will leave Miami at 5 p.m.

today will come through Louisville about 10 p.m. tomorrow on its way to Chicago. The southbound train that left Chicago last night will stop in Louisville at 7:45 a.m. today. It will be the last southbound run.

In his decision to lift the order, U.S. District Judge Frank Thels said the Amtrak Reorganization Act of 1979, which was signed by President Carter Saturday, changed the complexion of a suit filed by the Kansas attorney general. "Once Congress has specifically spoken on national railway transportation policy, the courts thereby are bound," he said. Thels ruled last Friday that Amtrak must continue running three lines the Lone Star from Chicago to Houston; the North Coast Hiawatha from Chicago to Seattle; and the Floridian. The three trains were among five scheduled for elimination last Monday.

In Washington, Amtrak spokesman 5 firms sue to block rules on air quality By ANNE PARDUE Courlar-Journil Staff Writer FRANKFORT, Ky. Five industries have filed suit in Franklin Circuit Court, challenging 12 air-quality regulations that were approved in June by Eugene Mooney, former secretary for the state Department for Natural Resources and Environmental Protection. The 12 regulations, along with almost 100 others, are part of Kentucky's plan to meet the federal Clean Air amendments of 1977 and to promote industrial growth in the state. The lawsuit claims the regulations are invalid because state law limits the state's authority to adopt regulations to control air pollution. Further, the suit alleged that the federal Gean Air Act amendments do not require enforcement of the regulations in "unclassified" counties for ozone counties that already meet federal air-quality standards.

By imposing the regulations in unclassified counties, the rules violate state law because they are more stringent than federal retirements, the suit claims. Industries that filed the suit are Whirlpool Boyle County; Stokes Oil Fulton County; Home Oil Terminal Henderson County; Phelps Dodge Industries Christian County; and Somerset Refinery Pulaski County. The suit asks the court to declare the regulations invalid and for temporary and permanent injunctions to prevent their enforcement Named as defendant in the suit is Nat0al Resources Secretary Frank Harsher, who succeeded Mooney. Claims made in filing a lawsuit give only one side of the case. Jiiflge studying FBI agents' role Continued from Page 1 La Grange in contempt of court but allowed them seven days to comply with his order.

U.S. Justice Department attorneys then petitioned for the case to be moved from circuit court to U.S. District Court Moynahan yesterday granted the transfer petition and also set aside the circuit-court contempt ruling against the three agents. In opposing the Justice Department's withholding of the FBI agents' testimony, an attorney for Cox, Lyle Robey of Lexington, cited the U.S. Supreme Court's decision in the case of ex-President Richard M.

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