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PORTER CTY. CHAP. OF IZAAK WALTON LEAGUE v. COSTLE

Nos. 76-2098 and 77-1262.

571 F.2d 359 (1978)

PORTER COUNTY CHAPTER OF the IZAAK WALTON LEAGUE OF AMERICA, INC., Save the Dunes Council, Inc., Ann Sims and Herbert P. Read, Petitioners, v. Douglas COSTLE, Administrator, United States Environmental Protection Agency, Respondent, Northern Indiana Public Service Company, Intervenor.

United States Court of Appeals, Seventh Circuit.

Decided January 30, 1978.

Rehearing Denied March 20, 1978.

Attorney(s) appearing for the Case

Marvin N. Benn, Edward W. Osann, Jr., Chicago, Ill., for petitioners.

William H. Eichhorn, Hammond, Ind., William T. Hart, Chicago, Ill., for intervenor.

Alfred T. Ghiorzi, Lloyd S. Guerci, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before FAIRCHILD, Chief Judge, COWEN, Senior Judge, and CUMMINGS, Circuit Judge.

COWEN, Senior Judge.

This case involves the interpretation of Public Law 89-2981 as it applies to the control of pollutants from the Northern Indiana Public Service Company (NIPSCO) generating plant into Lake Michigan at Burns Waterway Harbor adjacent to the Indiana Dunes National Lakeshore. The question is whether the Environmental Protection Agency's (EPA) grant of a seemingly lawful discharge permit to NIPSCO under section 402 of the...

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