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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. TRAIN

No. 74-1538.

519 F.2d 287 (1975)

NATURAL RESOURCES DEFENSE COUNCIL, INC., a non-profit New York Corporation, et al., Appellants, v. Russell E. TRAIN, Administrator of Environmental Protection Agency, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided September 15, 1975.

Attorney(s) appearing for the Case

Ronald J. Wilson, Washington, D.C., with whom J. G. Speth and Edward L. Strohbehn, Jr., Washington, D.C., were on the brief, for appellants.

John J. Zimmerman, Atty., Dept. of Justice, with whom Wallace H. Johnson, Asst. Atty. Gen., Edmund B. Clark, Atty., Dept. of Justice, and Allen W. Eckert, Atty., Environmental Protection Agency, were on the brief, for appellee.

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

Opinion for the Court filed by Circuit Judge ROBB.

Dissenting opinion filed by Judge NICHOLS.

ROBB, Circuit Judge:

Appellants, referred to here as plaintiffs, are four non-profit corporations interested in the implementation and enforcement of federal laws protecting the environment. They brought this suit in the District Court against the Administrator of the Environmental Protection Agency (EPA) "to review his implementation of Sections 101(a)(3...

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