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BETHLEHEM STEEL v. ENVIRONMENTAL PROTECTION AGENCY

No. 939, Docket 75-4119.

538 F.2d 513 (1976)

BETHLEHEM STEEL CORPORATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY et al., Respondents.

United States Court of Appeals, Second Circuit.

Decided June 28, 1976.

Attorney(s) appearing for the Case

David K. Floyd, Buffalo, N. Y. (Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N. Y., on the brief), for petitioner.

Patrick A. Mulloy, Atty., Dept. of Justice, Washington, D. C. (Peter R. Taft, Asst. Atty. Gen., Alfred T. Ghiorzi, Atty., Washington, D. C., on the brief), Steven Schatzow, Atty., E.P.A., Washington, D. C. (Robert V. Zener, Gen. Counsel, Washington, D. C., Warren H. Llewellyn, Atty., E.P.A., New York City, on the brief), for respondents.

Before LUMBARD, WATERMAN and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

Bethlehem Steel Corporation petitions for review of the action of the Environmental Protection Agency (EPA) in partially approving New York State's revised water quality standards. 40 Fed.Reg. 13216 (March 25, 1975); 40 C.F.R. § 120.10. Bethlehem claims that this action was for various reasons inconsistent with the Federal Water Pollution Control Act (FWPCA) and should therefore be set aside. Respondents

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