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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. TRAIN

No. 74-1433.

510 F.2d 692 (1975)

NATURAL RESOURCES DEFENSE COUNCIL, INC. v. Russell E. TRAIN, in his official capacity as administrator, environmental protection agency, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 5, 1974.

As Modified March 10, 1975.

Attorney(s) appearing for the Case

Lawrence E. Shearer, Atty., Dept. of Justice, Washington, D. C., with whom Carl Strass, Atty., Dept. of Justice, Washington, D. C., was on the brief, for appellants. Wallace H. Johnson, Asst. Atty. Gen., also entered an appearance for appellants.

Edward L. Strohbehn, Jr., Washington, D. C., with whom J. G. Speth, Washington, D. C., was on the brief, for appellee.

Before LEVENTHAL and ROBB, Circuit Judges, and NICHOLS, Judge, United States Court of Claims.

LEVENTHAL, Circuit Judge:

The Natural Resources Defense Council (NRDC) brought an action in federal district court against the Environmental Protection Agency (EPA) and its Administrator (then Robert W. Fri, now Russell E. Train), seeking to compel the publication of effluent limitation guidelines called for by section 304(b)(1)(A) of the Federal Water Pollution Control Act Amendments of 1972.1 This appeal from the District Court's orders...

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