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DIAMOND SHAMROCK CORP. v. COSTLE

No. 77-1111.

580 F.2d 670 (1978)

DIAMOND SHAMROCK CORPORATION et al., Appellants, v. Douglas M. COSTLE, Administrator, Environmental Protection Agency, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 30, 1978.

Attorney(s) appearing for the Case

Charles F. Lettow, Washington, D. C., with whom Robert C. Barnard and Edward G. Modell, Washington, D. C., were on the brief, for appellants.

Glen R. Goodsell, Atty., Dept. of Justice, Washington, D. C., with whom Peter R. Taft, Asst. Atty. Gen., Raymond N. Zagone, Jacques R. Gelin, Donald W. Fowler, Attys., Dept. of Justice, G. William Frich, Gen. Counsel, Environmental Protection Agency and Ridgeway M. Hall, Jr., Associate Gen. Counsel, Environmental Protection Agency, Washington, D. C., were on the brief for appellees. Also Bruce M. Diamond, Atty., Environmental Protection Agency, Washington, D. C., entered an appearance for appellees. Also Edmund B. Clark, Atty., Dept. of Justice, Washington, D. C., entered an appearance for appellees.

Before ROBINSON, ROBB and WILKEY, Circuit Judges.

Opinion for the Court filed by ROBB, Circuit Judge.

ROBB, Circuit Judge:

Several chemical manufacturers appeal from an order of the District Court dismissing their complaint on the ground that the controversy was not ripe. In their complaint appellants sought review of the Net-Gross Adjustment Regulations promulgated by the Environmental Protection Agency (EPA) on July 16, 1975. 40 C.F.R. §§ 125.24(c), 125...

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