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STATE WATER CONTROL BD. v. TRAIN

No. 76-1320.

559 F.2d 921 (1977)

STATE WATER CONTROL BOARD, an agency of the Commonwealth of Virginia, Appellant, v. Russell E. TRAIN, Administrator United States Environmental Protection Agency, Newton Ancarrow, individual petitioner for intervention, Appellees, Natural Resources Defense Council, Inc., Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided July 13, 1977.

Attorney(s) appearing for the Case

James E. Ryan, Jr., Deputy Atty. Gen., Richmond, Va. (Andrew P. Miller, Atty. Gen. of Virginia, and David E. Evans, Asst. Atty. Gen., Richmond, Va., on brief), for appellant.

Larry A. Boggs, Atty., Dept. of Justice, Washington, D. C. (Peter R. Taft, Asst. Atty. Gen., Washington, D. C., William B. Cummings, U. S. Atty., Alexandria, Va., Charles L. Beard, Asst. U. S. Atty., and Edmund B. Clark, and Jacques B. Gelin, Attys., Dept. of Justice, Washington, D. C., on brief), for appellee Russell E. Train, Administrator, U. S. E. P. A.

David S. Favre, Detroit, Mich., on brief, for appellee Newton Ancarrow.

Edward L. Strohbehn, Jr., Washington, D. C., on brief, for amicus curiae.

Before RUSSELL, Circuit Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.

DONALD RUSSELL, Circuit Judge:

The State Water Control Board of the Commonwealth of Virginia brought this action against the Administrator of the United States Environmental Protection Agency (EPA) on behalf of the Commonwealth of Virginia and certain of her political subdivisions, seeking a declaration that the effluent limitations of Section 301(b)(1) of the Federal Water Pollution Control Act Amendments of 1972 (FWPCA)1 do not apply...

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