NATURAL RESOURCES DEFENSE COUNCIL, INC. v. E. P. A.

No. 125, Docket 74-1258.

537 F.2d 642 (1976)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Celanese Corporation et al., Intervenors.

United States Court of Appeals, Second Circuit.

Decided April 28, 1976.


Attorney(s) appearing for the Case

Angus MacBeth, New York City (Natural Resources Defense Council, Inc., Richard M. Hall, New York City, of counsel), for petitioner.

Raymond W. Mushal, Jeff Zimmerman (Wallace H. Johnson, Asst. Atty. Gen., Edmund B. Clark, Martin Green, Attys., Dept. of Justice, Washington, D.C., Henry J. Bourguignon, Toledo, Ohio, on the brief, and G. William Frick, Associate Gen. Counsel for Water Environmental Protection Agency, Washington, D.C., of counsel), for respondent.

Robert C. Barnard, Washington, D.C. (Cleary, Gottlieb, Steen & Hamilton, Washington, D.C., and New York City, of counsel, Douglas E. Kliever, Charles F. Lettow, Washington, D.C., on the brief), for intervenors.

Before MOORE, Circuit Judge, and BRYAN and DUFFY, District Judges.


MOORE, Circuit Judge:

Natural Resources Defense Council, Inc. ("NRDC" or "Petitioner"), petitions this Court to review and set aside identical portions of related regulations1 promulgated by the Environmental Protection Agency ("EPA") assertedly pursuant to the mandate of the Federal Water Pollution Control Act Amendments, 33 U.S.C. §§ 1251 et seq. ("Act").

The regulations, so-called "effluent limitation guidelines...

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