UNITED STATES v. UNITED STATES STEEL CORP.

Nos. 76-2754, 76-2771 and 76-2827.

548 F.2d 1232 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. UNITED STATES STEEL CORPORATION, Defendant-Appellee, United Steelworkers of America, AFL-CIO, et al., Movants-Appellants. Honorable George C. WALLACE, as Governor of the State of Alabama, Petitioner, v. UNITED STATES of America et al., Respondents. UNITED STEELWORKERS OF AMERICA, AFL-CIO, et al., Petitioners, v. UNITED STATES of America et al., Respondents.

United States Court of Appeals, Fifth Circuit.

March 18, 1977.


Attorney(s) appearing for the Case

John C. Falkenberry, Jerome A. Cooper, Birmingham, Ala., for United Steelworkers of America, AFL-CIO, and others.

Wallace H. Johnson, Asst. Atty. Gen., Dept. of Justice, Walter Kiechel, Jr., Deputy Asst. Atty. Gen., Martin Green, Bradford F. Whitman, Washington, D. C., for the United States in No. 76-2754.

Robert G. Tate, William Foster, Birmingham, Ala., for U. S. Steel Corp.

Raymond W. Mushal, Atty., Pollution Control Sect., Land & Nat. Res. Div., Edmund B. Clark, Chief, Appellate Sec., Peter R. Taft, Asst. Atty. Gen., Land & Nat. Res. Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee in No. 76-2754 and respondents in Nos. 76-2771 and 76-2827.

Maurice F. Bishop, Gerald D. Colvin, Jr., Birmingham, Ala., for petitioner in No. 76-2771.

Wayman G. Sherrer, U. S. Atty., Birmingham, Ala., for the United States in Nos. 76-2754, 76-2771 and 76-2827.

Russell E. Train, Administrator, E. P. A., Washington, D. C., Edward H. Levi, U. S. Atty. Gen., U. S. Dept. of Justice, Washington, D. C., Alfred T. Ghiorzi, Chief, Pollution Control Sect., Washington, D. C., for respondents in Nos. 76-2771 and 76-2827.

Before GEWIN, GEE and FAY, Circuit Judges.


GEE, Circuit Judge:

In this consolidated appeal,1 the United Steelworkers of America, AFL-CIO (the Union) and Governor George C. Wallace, in his capacity as chief executive officer of the State of Alabama (the Governor) dispute an Environmental Protection Agency's (EPA) order closing United States Steel's last two operating open hearth furnaces in Birmingham, Alabama. The Union appeals the federal district court's denial of its motion...

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