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STATE OF ALA. EX REL. BAXLEY v. ENVIRON. PRO. AGCY.

Nos. 75-4435, 76-1056 and 76-3604.

557 F.2d 1101 (1977)

STATE OF ALABAMA ex rel. William J. BAXLEY, Attorney General, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and Russell E. Train, Administrator, Respondents.

United States Court of Appeals, Fifth Circuit.

August 18, 1977.

Attorney(s) appearing for the Case

Henry H. Caddell, David E. Dunn, Asst. Attys. Gen., Montgomery, Ala., Don B. Long, Jr., John D. Quenelle, Birmingham, Ala., for petitioner in Nos. 75-4435 and 76-1056.

MacBeth Wagnon, Jr., Birmingham, Ala., H. Gerald Reynolds, Tampa, Fla., and William T. Steen, New Orleans, La., for intervenor in Nos. 75-4435 and 76-1056 and petitioner in 76-3604, U. S. Pipe & Foundry Co.

Russell E. Train, Administrator, EPA, Peter R. Taft, Asst. Atty. Gen., Dept. of Justice, Edmund B. Clark, Alfred T. Ghiorzi and Patrick Mulloy, Attys., Pollution Control Section, Washington, D. C., for respondents.

Albert J. Slap, Public Interest Law Center of Philadelphia, Philadelphia, Pa., amicus curiae.

Before MORGAN and HILL, Circuit Judges, and NOEL, District Judge.

JAMES C. HILL, Circuit Judge:

This case involves two petitions seeking judicial review of certain administrative permits and orders issued by the Environmental Protection Agency ("EPA"), under the Federal Water Pollution Control Act ("FWPCA"). The first petition, filed by the State of Alabama in late 1975, was followed by a petition on behalf of the Alabama Conservancy and several other environmental organizations including the Birmingham Audubon Society and the Sierra...

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