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BETHLEHEM STEEL CORP. v. TRAIN

No. 75-2452.

544 F.2d 657 (1976)

BETHLEHEM STEEL CORPORATION, Petitioner, v. Russell E. TRAIN, Administrator of the Environmental Protection Agency, Respondent.

United States Court of Appeals, Third Circuit.

Decided November 1, 1976.

As Amended November 10, 1976.

Attorney(s) appearing for the Case

John McN. Cramer, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for petitioner.

Peter R. Taft, Asst. Atty. Gen., Alfred T. Ghiorzi, Thomas A. Pursley III, Attys., Dept. of Justice, Robert V. Zener, Gen. Counsel, Barry L. Malter, Atty., EPA, Washington, D.C., John Buffington, Atty., EPA, Philadelphia, Pa., for respondent.

Eben H. Cockley, Ronald R. Janke, Jones, Day, Reavis & Pogue, Cleveland, Ohio, for amicus curiae Republic Steel Corp.; James D. Donohoe, Cleveland, Ohio, of counsel.

Before ADAMS, ROSENN and GARTH, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This case involves an important question regarding the interpretation of the Federal Water Pollution Control Act (FWPCA).1 We must determine whether the Environmental Protection Agency (EPA) may issue a permit which would allow dischargers to comply with effluent limitations at a time subsequent to July 1, 1977, the date set forth in the legislation.

I.

FWPCA encompasses...

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