NATIONAL INDEPENDENT, ETC. v. U. S. E. P. A.

No. 74-1387.

566 F.2d 41 (1977)

The NATIONAL INDEPENDENT MEAT PACKERS ASSOCIATION, a District of Columbia not-for-profit Corporation, Iowa Beef Processors, Inc., a Delaware Corporation, J. H. Routh Packing Company, an Ohio Corporation, Missouri Beef Packers, Inc., a Missouri Corporation, Tama Meat Packing Corporation, an Iowa Corporation, Caldwell Packing Company, Inc., a Minnesota Corporation, Western Meat Packers, Inc., an Arkansas Corporation, Donner Packing Company, a Wisconsin Corporation, Big Foot Packing Company, an Illinois Corporation, Spencer Foods, Inc., a Delaware Corporation, Peet Packing Company, a Michigan Corporation, Arbogast & Bastian, Inc., a Pennsylvania Corporation, Kansas Beef Industries, Inc., a Delaware Corporation, Minden Beef Company, a Nebraska Corporation, Platte Valley Packing Company, a Nebraska Corporation, Dubuque Packing Company, an Iowa Corporation, Robel Beef Packers, Inc., a Minnesota Corporation, American Beef Packers, Inc., a Delaware Corporation, Madison Foods, Inc., a Nebraska Corporation, National Beef Packing Company, a Delaware Corporation, Roode Packing Company, a Nebraska Corporation, C. Finkbeiner, Inc., an Arkansas Corporation, Diggs Packing Company, a Missouri Corporation, and Ada Beef Company, a Michigan Co-partnership, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and Russell E. Train, Administrator of the United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided November 10, 1977.

Rehearing and Rehearing Denied January 3, 1978.


Attorney(s) appearing for the Case

G. Robert Johnson, Minneapolis, Minn., argued, Allen Hinderaker of Popham, Haik, Schnobrich, Kaufman & Doty, Minneapolis, Minn., and Stephen L. Schaeffer, Dakota City, Neb., on brief, for petitioners.

James A. Rogers, Deputy Associate Gen. Counsel, U. S. Environmental Protection Agency, Washington, D. C., and Lloyd S. Guerci, Atty., Division of Land & Natural Resources, Dept. of Justice, Washington, D. C., argued, James W. Moorman, Acting Asst. Atty. Gen., Alfred T. Ghiorzi and Lloyd S. Guerci, Washington, D. C., on brief, for respondents.

Richard D. Siegel of Braude, Margulies, Sacks & Rephan, Washington, D. C., and John J. Faust, St. Louis, Mo., for amici curiae, American Association of Meat Processors, et al.

Before GIBSON, Chief Judge, LAY and HEANEY, Circuit Judges.


Rehearing and Rehearing En Banc Denied January 3, 1978.

PER CURIAM.

The petitioners seek review of regulations promulgated by the Environmental Protection Agency pursuant to the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1251 et seq., establishing effluent limitations applicable to slaughterhouses and meat-packing plants. Petitioners are the National Independent Meat Packers Association (NIMPA), an organization representing a...

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