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NATIONAL ASS'N OF REGIONAL COUNCILS v. COSTLE

No. 76-1970.

564 F.2d 583 (1977)

NATIONAL ASSOCIATION OF REGIONAL COUNCILS, a corporation, Appellee, v. Douglas M. COSTLE, Individually and as Administrator of the U. S. Environmental Protection Agency, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided September 8, 1977.

Attorney(s) appearing for the Case

Edmund B. Clark, Atty., Dept. of Justice, Washington, D. C., with whom Peter R. Taft, Asst. Atty. Gen., and Douglas K. Miller and Michael A. McCord, Attys., Dept. of Justice, Washington, D. C., were on the brief, for appellants. Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for appellants.

James P. Schaller, Washington, D. C., with whom John J. Bosley, Washington, D. C., was on the brief, for appellee.

Warren K. Rich, Asst. Atty. Gen., State of Maryland, Annapolis, Md., filed a brief on behalf of the State of Maryland as amicus curiae urging affirmance.

Before TAMM, LEVENTHAL and MacKINNON, Circuit Judges.

Opinion for the court filed by TAMM, Circuit Judge.

TAMM, Circuit Judge:

The Administrator of the Environmental Protection Agency (EPA) has appealed from a judgment of the United States District Court for the District of Columbia which orders that the unobligated balance of EPA budget authority provided by subsection 208(f)(3) of the Federal Water Pollution Control Act Amendments of 1972 (hereinafter 1972 FWPCA Amendments) for fiscal years 1973 and 1974 should...

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