FMC CORP. v. TRAIN

Nos. 74-1386, 74-1400, 74-1502 to 74-1505, 74-1729 and 74-1761 to 74-1765.

539 F.2d 973 (1976)

FMC CORPORATION et al., Petitioners, v. Russell E. TRAIN, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided March 10, 1976.


Attorney(s) appearing for the Case

Robert C. Barnard, Washington, D. C. (Daniel B. Silver, Eric Schwartz and Cleary, Gottlieb, Steen & Hamilton, Washington, D. C., on brief), for petitioners.

Bruce M. Diamond, Atty., E. P. A., Washington, D. C. (Alan G. Kirk, II, Asst. Administrator for Enforcement and Gen. Counsel, Wallace H. Johnson, Asst. Atty. Gen., Raymond N. Zagone, Glen R. Goodsell, Attys., U. S. Dept. of Justice, Washington, D. C., on brief), for respondent.

Edward L. Strohbehn, Jr., Washington, D. C., and Angus Macbeth, New York City, on brief for amicus curiae Natural Resources Defense Council, Inc., in No. 74-1386.

Before RIVES and BREITENSTEIN, Senior Circuit Judges, and WIDENER, Circuit Judge.


RIVES, Circuit Judge:

These petitions seek to have this Court set aside regulations issued on April 5, 1974, by the Administrator of the Environmental Protection Agency [hereinafter "the Administrator"] establishing "effluent limitations guidelines" for existing sources and "standards of performance" for new sources for the Plastics and Synthetics Point Source Category adopted pursuant to § 301, § 304(b) and (c), § 306(b) and (c), and § 307(c)...

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