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AMERICAN PAPER INSTITUTE v. TRAIN

Nos. 74-1480, 74-1516, 74-1544, 74-1814 to 74-1821 and 74-1967.

543 F.2d 328 (1976)

AMERICAN PAPER INSTITUTE, Petitioner, v. Russell E. TRAIN, Administrator, Environmental Protection Agency, Respondent. AMERICAN PAPER INSTITUTE, Petitioner, v. Russell E. TRAIN, Administrator, Environmental Protection Agency, Respondent. AMERICAN PAPER INSTITUTE, Petitioner, v. Russell E. TRAIN, Administrator, Environmental Protection Agency, Respondent. BOISE CASCADE CORPORATION, Petitioner, v. Russell E. TRAIN, Administrator, Environmental Protection Agency, Respondent. GEORGIA-PACIFIC CORPORATION, Petitioner, v. Russell E. TRAIN, Administrator, Environmental Protection Agency, Respondent. INTERNATIONAL PAPER COMPANY, Petitioner, v. Russell E. TRAIN, Administrator, Environmental Protection Agency, Respondent. MEAD CORPORATION, Petitioner, v. Russell E. TRAIN, Administrator, Environmental Protection Agency, Respondent. OWENS-ILLINOIS INCORPORATED, Petitioner, v. Russell E. TRAIN, Administrator, Environmental Protection Agency, Respondent. PACKAGING CORPORATION OF AMERICA, Petitioner, v. Russell E. TRAIN, Administrator, Environmental Protection Agency, Respondent. WESTVACO, Petitioner, v. Russell E. TRAIN, Administrator, Environmental Protection Agency, Respondent. WEYERHAEUSER COMPANY, Petitioner, v. Russell E. TRAIN, Administrator, Environmental Protection Agency, Respondent. AMERICAN PAPER INSTITUTE et al., Appellants, v. Russell E. TRAIN, Administrator of the Environmental Protection Agency.

United States Court of Appeals, District of Columbia Circuit.

Decided August 6, 1976.

Certiorari Dismissed November 17, 1976.

Attorney(s) appearing for the Case

Thomas H. Truitt, Washington, D.C., with whom Charles Fabrikant, David R. Berz and Charles S. Fax, Washington, D.C., were on the brief for petitioners.

Bruce Diamond, Atty., Environmental Protection Agency and Thomas F. Bastow, Atty., Dept. of Justice, Washington, D.C., with whom Wallace H. Johnson, Asst. Atty. Gen., Robert V. Zener, Gen. Counsel, Environmental Protection Agency, Edmund B. Clark and Martin Green, Attys., Dept. of Justice, Washington, D.C., were on the brief for respondent. Raymond Zagone and Thomas C. Lee, Attys., Dept. of Justice, Washington, D.C., also entered appearances for respondent.

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

Before ROBB and WILKEY, Circuit Judges and SOLOMON, United States Senior District Judge for the District of Oregon.

Certiorari Dismissed November 17, 1976. See 97 S.Ct. 398.

ROBB, Circuit Judge:

Opinion for the Court filed by Circuit Judge ROBB.

These consolidated cases present challenges to regulations and actions of the Environmental Protection Agency and its Administrator pursuant to the Federal Water Pollution Control Act Amendments of 1972 (FWPCA), 33 U.S.C. § 1251 et seq. (Supp. IV). In No. 74-1967 American Paper Institute (API), joined by eight...

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