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REPUBLIC STEEL CORP. v. COSTLE

No. 76-1557.

581 F.2d 1228 (1978)

REPUBLIC STEEL CORPORATION, Petitioner, v. Douglas M. COSTLE, Administrator, U. S. Environmental Protection Agency, George R. Alexander, Jr., Regional Administrator, U. S. Environmental Protection Agency, Ned E. Williams, Director, Ohio Environmental Protection Agency, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided August 21, 1978.

Rehearing Denied September 20, 1978.

Attorney(s) appearing for the Case

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

Joan Z. Bernstein, Gen. Counsel, Barry L. Malter, Environmental Protection Agency, Washington, D. C., Thomas A. Pursley, III, Edward J. Shawaker, Dept. of Justice, Washington, D. C., for Environmental Protection Agency, E. Dennis Muchnicki, Columbus, Ohio, for Ohio Environmental Protection Agency.

George R. Alexander, Jr., pro se.

Before CELEBREZZE, LIVELY and KEITH, Circuit Judges.

CELEBREZZE, Circuit Judge.

This case is before the Court on remand from the Supreme Court for further consideration in light of the Clean Water Act of 1977, P.L. 95-217. In our previous decision we held that the Administrator of the United States Environmental Protection Agency (EPA) had improperly vetoed issuance of a water pollution permit to petitioner Republic Steel Corporation (Republic) for its Canton, Ohio, mill. Republic Steel Corp. v. Train,

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