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PACIFIC LEGAL FOUNDATION v. COSTLE

Nos. 77-2909, 77-3008.

586 F.2d 650 (1978)

PACIFIC LEGAL FOUNDATION, a nonprofit California Corporation, John B. Kilroy, Sr., and City of Torrance, a Municipal Corporation, Petitioners, v. Douglas M. COSTLE, in his official capacity as Administrator of the United States Environmental Protection Agency, and United States Environmental Protection Agency, Respondents. The CITY OF LOS ANGELES, a Municipal Corporation, Petitioner, v. Douglas M. COSTLE, in his official capacity as Administrator of the United States Environmental Protection Agency, and United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied November 24, 1978.

Attorney(s) appearing for the Case

Robert K. Best (argued), Sacramento, Cal., Frederick N. Merkin, Deputy City Atty. (argued), Los Angeles, Cal., for petitioners.

Anthony O. Garvin (argued), Appellate Section Lands & Nat'l Resources Div., Dept. of Justice, Washington, D. C., for respondents.

Before MERRILL and SNEED, Circuit Judges, and EAST, District Judge.

Rehearing and Rehearing En Banc Denied November 24, 1978.

SNEED, Circuit Judge:

This case presents a challenge to the Environmental Protection Agency's (EPA) action in extending the terms of the National Pollutant Discharge Elimination System (NPDES) permit applicable to the Hyperion Wastewater Treatment Plant in Los Angeles for an additional two and one-half years. Petitioner City of Los Angeles argues that the State of California, not the EPA, has jurisdiction...

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