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AMERICAN PETROLEUM INSTITUTE v. TRAIN

No. 75-1404.

526 F.2d 1343 (1975)

AMERICAN PETROLEUM INSTITUTE et al., Plaintiffs-Appellants, v. Russell E. TRAIN, as Administrator of the Environmental Protection Agency, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided December 15, 1975.

Attorney(s) appearing for the Case

Edward W. Warren, Washington, D. C. (Frank H. Morison, Edwin S. Kahn, Gerald W. Grandey, Denver, Colo., Frederick M. Rowe and Robert F. Van Voorhees, Washington, D. C., on the brief), for plaintiffs-appellants.

Michael D. Graves, Atty., Dept. of Justice (Walter Kiechel, Jr., Acting Asst. Atty. Gen., Alfred T. Ghiorzi, Edmund B. Clark, and James L. Treece, Attys., Dept. of Justice, on the brief), for defendants-appellees.

Before BREITENSTEIN, HILL and BARRETT, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The issue on this appeal is whether the district court or the court of appeals has jurisdiction to review certain regulations promulgated by the Administrator of the Environmental Protection Agency under the Federal Water Pollution Control Act Amendments of 1972 (the Act). 33 U.S.C. §§ 1251-1376, 86 Stat. 816 et seq. The district court held that jurisdiction lay exclusively in the court of appeals and sustained a motion to dismiss...

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