CONSOLIDATION COAL CO., INC. v. E. P. A.

No. 75-1290.

537 F.2d 1236 (1976)

CONSOLIDATION COAL COMPANY, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided July 1, 1976.


Attorney(s) appearing for the Case

Harold R. Schmidt, Pittsburgh, Pa. (Lawrence A. Demase, Frederick W. Steinberg, Rose, Schmidt & Dixon, Pittsburgh, Pa., on brief), for petitioner.

Erica L. Dolgin, Atty., U. S. Dept. of Justice, Washington, D. C. (Robert Zener, Gen. Counsel, E. P. A., Walter Kiechel, Jr., Acting Asst. Atty. Gen., Alfred T. Ghiorzi and Edmund B. Clark, Attys., U. S. Dept. of Justice, Washington, D. C., on brief), for respondent.

Before HAYNSWORTH, Chief Judge, CRAVEN, Circuit Judge, and FIELD, Senior Circuit Judge.


FIELD, Senior Circuit Judge:

In this statutory review1 Consolidation Coal Company, Inc., (Consol) challenges the action of the Administrator of the Environmental Protection Agency (EPA) in denying its request for an adjudicatory hearing in regard to the two year durational limit contained in the National Pollutant Discharge Elimination System (NPDES) permit issued for one of its mines in West Virginia. The denial was based upon the Administrator...

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