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TENNECO OIL CO. v. ENVIRONMENTAL PROTECTION

Nos. 78-1684, 78-1687 and 78-1688.

577 F.2d 931 (1978)

TENNECO OIL COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Douglas M. Costle, Administrator and Eckhardt C. Beck, Regional Administrator, Region II, Respondents. EXXON CORPORATION, Petitioner, v. Douglas M. COSTLE and Eckhardt C. Beck, Respondents. TEXACO, INC., Petitioner, v. The ENVIRONMENTAL PROTECTION AGENCY, an independent agency of the executive branch of the government of the United States, et al., Respondents.

United States Court of Appeals, Fifth Circuit.

August 1, 1978.

Attorney(s) appearing for the Case

Baker & Botts, Charles M. Darling, IV, J. Patrick Berry, Washington, D. C., Alfred B. Smith Jr., Tenneco Oil Co., Houston, Tex., for Tenneco Oil Co.

Milling, Benson, Woodward, Hillyer & Pierson, H. H. Hillyer, Jr., Joseph E. Leblanc, Jr., Bernard J. Caillouet, New Orleans, La., for Exxon Corp.

Douglas M. Costle, Administrator, EPA, Jeffrey M. Gaba, Washington, D. C., James W. Moorman, Asst. Atty. Gen., Patrick J. Cafferty, Jr., Land And Natural Resources Division, Dept. of Justice, Washington, D. C., Eckhardt C. Beck, Regional Administrator, Region II, EPA, for respondents.

Before BROWN, Chief Judge, GODBOLD and RONEY, Circuit Judges.

GODBOLD, Circuit Judge:

The oil companies seek review in this circuit of the Environmental Protection Agency Administrator's action in issuing a permit under 33 U.S.C. § 1342 concerning the discharge of effluents from off-shore drilling platforms located in the Atlantic Ocean. The EPA has moved that the petitions for review be dismissed or transferred. We deny the motion. The petitions were properly filed in this circuit and no equitable circumstances compel...

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