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APPALACHIAN POWER CO. v. TRAIN

Nos. 76-1474, 76-2057.

566 F.2d 451 (1977)

APPALACHIAN POWER COMPANY, Baltimore Gas and Electric Company, Carolina Power & Light Company, Duke Power Company, Monongahela Power Company, Ohio Power Company, Potomac Edison Company, Potomac Electric Power Company, South Carolina Electric & Gas Company, Virginia Electric and Power Company, West Penn Power Company, Indiana & Michigan Electric Company, Kentucky Power Company, Boston Edison Company, Cincinnati Gas & Electric Company, Cleveland Electric Illuminating Company, Columbia & Southern Ohio Electric Company, Commonwealth Edison Company, Consolidated Edison Company of New York, Inc., Dayton Power & Light Company, the Detroit Edison Company, Florida Power & Light Company, Houston Lighting & Power Company, Illinois Power Company, Long Island Lighting Company, Arkansas Power & Light Company, Mississippi Power & Light Company, Louisiana Power & Light Company, New Orleans Public Service, Inc., Montaup Electric Company, National Rural Electric Cooperative Association, New England Electric System, New York State Electric & Gas Corporation, Niagara Mohawk Power Corporation, Connecticut Light and Power Company, Hartford Electric Light Company, the Ohio Edison Company, Ohio Valley Electric Corporation, Pacific Gas and Electric Company, Pennsylvania Power & Light Company, Philadelphia Electric Company, Public Service Company of New Hampshire, Public Service Electric & Gas Company, San Diego Gas & Electric Company, Southern California Edison Company, Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company, Tampa Electric Company, the Toledo Edison Company, Union Electric Company, Wisconsin Electric Power Company, Petitioners, v. Russell E. TRAIN, as Administrator Environmental Protection Agency, and the United States Environmental Protection Agency, Respondents, Natural Resources Defense Council, Inc., Jersey Central Power & Light Company, Metropolitan Edison Company, and Pennsylvania Electric Company, Intervenors. UNITED STATES STEEL CORPORATION, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided November 11, 1977.

Attorney(s) appearing for the Case

George C. Freeman, Jr., Richmond, Va. (Henry V. Nickel, Michael B. Barr, Washington, D.C., Hunton & Williams, Richmond, Va., on brief), for petitioners.

James T. Harrington, Chicago, Ill., for U.S. Steel Corp.

Thomas A. Larsen, Atty., Environmental Protection Agency, Washington, D.C., Sarah Chasis, New York City, for Natural Resources Defense Council, Inc. (Peter R. Taft, Asst. Atty. Gen., Alfred T. Ghiorzi and Michael P. Carlton, Attys., Dept. of Justice, G. William Frick, Gen. Counsel, Washington, D.C., on brief), for Environmental Protection Agency and the Natural Resources Defense Council, Inc.

Before HAYNSWORTH, Chief Judge, and WIDENER and HALL, Circuit Judges.

WIDENER, Circuit Judge:

These cases come before us on petitions to review EPA's regulations issued under § 316(b)1 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1251, § 1326(b).2 Section 316(b) and the regulations under review are discussed in our companion case decided today, Virginia Electric and Power Co. v. Train, 566 F.2d 446...

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