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REPUBLIC STEEL CORP. v. TRAIN

No. 76-1557.

557 F.2d 91 (1977)

REPUBLIC STEEL CORPORATION, Petitioner, v. Russell E. TRAIN, Administrator, United States Environmental Protection Agency, George R. Alexander, Jr., Regional Administrator, United States Environmental Protection Agency, and Ned E. Williams, Director, Ohio Environmental Protection Agency, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided June 23, 1977.

Attorney(s) appearing for the Case

Eben H. Cockley, Ronald R. Janke, Jones, Day, Reavis & Pogue, Cleveland, Ohio, for petitioner.

Robert V. Zener, Gen. Counsel, E.P.A., Washington, D.C., George R. Alexander, Jr., Region V, Administrator, E.P.A., Chicago, Ill., Ray E. McDevitt, Assoc. Gen. Counsel, Barry L. Malter, Washington, D.C., for respondents.

Before CELEBREZZE and LIVELY, Circuit Judges, and RUBIN, District Judge.

CELEBREZZE, Circuit Judge.

This case of first impression arises under the 1972 amendments to the Federal Water Pollution Control Act, P.L. 92-500.1 The question presented is whether failure of the Administrator of the United States Environmental Protection Agency (EPA) to define interim effluent limitations reflecting a given level of pollution control technology, as required by the Act, frees an authorized state agency to issue a discharge...

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