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PEABODY COAL CO. v. ENVIRONMENTAL PROTECTION AGCY.

No. 75-1454.

522 F.2d 1152 (1975)

PEABODY COAL COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and Russell E. Train, Administrator, Environmental Protection Agency, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided September 23, 1975.

Attorney(s) appearing for the Case

Gary Mayes, St. Louis, Mo., for petitioner.

Douglas K. Miller, Atty., Pollution Control Sec., U. S. Dept. of Justice, Washington, D. C., for respondents.

Michael P. Isbell, Colo. Dept. of Health, Denver, Colo., for intervenor-respondent, Colorado Dept. of Health.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.

PER CURIAM.

Peabody Coal Company seeks review of the Environmental Protection Agency Administrator's approval of Colorado's permit program under the Federal Water Pollution Control Act, 33 U.S.C. § 1342(b). The EPA has filed a motion to dismiss the action, on the grounds that we lack jurisdiction and venue is improper. In the alternative EPA asks for transfer to the Tenth Circuit. The Colorado Department of Health has intervened on the side of the EPA. We are...

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