AMERICAN FROZEN FOOD INSTITUTE v. TRAIN

Nos. 74-1464, 74-1513 and 74-1840.

539 F.2d 107 (1976)

AMERICAN FROZEN FOOD INSTITUTE, Petitioner, v. Russell E. TRAIN, Administrator, and Environmental Protection Agency, Respondents (two cases). POTATO PROCESSORS OF IDAHO, Petitioner, v. Russell E. TRAIN, Administrator, and Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 11, 1976.


Attorney(s) appearing for the Case

Edward Brown Williams, Washington, D. C., with whom Jeffery Lee Greenspan, Washington, D. C., was on the brief for petitioners. Jan Edward Williams, Washington, D. C., also entered an appearance for petitioners.

Edmund B. Clark, Atty., Dept. of Justice and Pamela P. Quinn, Atty., E.P.A., Washington, D. C., with whom Wallace H. Johnson, Asst. Atty. Gen., Robert V. Zener, Gen. Counsel, E.P.A., Martin Green and Joan M. Cloonan, Attys., Dept. of Justice, Washington, D. C., were on the brief for respondents. John E. Varnum, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for respondents.

Robert C. Barnard, Washington, D. C., filed a brief on behalf of Union Carbide Corp., Monsanto Company, Dow Chemical Co., E. I. duPont De Nemours and Co. and Celanese Corp. as amici curiae urging reversal. Charles F. Lettow, Washington, D. C., also entered an appearance for Union Carbide Corp. and others as amici curiae.

Edward L. Strohbehn, Jr., Washington, D. C., filed a brief on behalf of Natural Resources Defense Council, Inc., as amicus curiae urging affirmance.

Before BAZELON, Chief Judge, McGOWAN, Circuit Judge and EDWARDS, Circuit Judge for the Sixth Circuit.


Opinion for the Court filed by Circuit Judge EDWARDS.

EDWARDS, Circuit Judge.

This case requires this court to review and interpret the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1251, et seq. (Supp. III, 1973) [hereinafter referred to as the Act]. This is a complicated and lengthy statute which, in mandatory terms, demands solution of one of America's most important problems, the increasing and nationally threatening pollution...

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