HERCULES, INC. v. ENVIRONMENTAL PROTECTION AGCY.

Nos. 77-1248, 77-1349.

598 F.2d 91 (1978)

HERCULES INCORPORATED, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. VELSICOL CHEMICAL CORPORATION, Petitioner, v. Douglas M. COSTLE, Administrator, United States Environmental Protection Agency, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 3, 1978.


Attorney(s) appearing for the Case

Roberts B. Owen, Washington, D. C., with whom Theodore L. Garrett, Washington, D. C., was on the brief, for petitioner in No. 77-1248.

Charles A. O'Connor, III, Washington, D. C., with whom Kenneth W. Weinstein and Joe G. Hollingsworth, Washington, D. C., were on the brief, for petitioner in No. 77-1349.

James W. Gentry, Jr., Chattanooga, Tenn., also entered an appearance for appellant in No. 77-1349.

Alan W. Eckert and Lorraine Chang, Attys., Environmental Protection Agency and William L. Want, Atty., Dept. of Justice, Washington, D. C., with whom James W. Moorman, Acting Asst. Atty. Gen., Dept. of Justice and Ridgway M. Hall, Jr., Associate Gen. Counsel, Environmental Protection Agency, Washington, D. C., were on the brief, for respondents.

Robert V. Zener, Atty., Environmental Protection Agency and Peter R. Taft, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for respondents.

Before BAZELON, TAMM and ROBINSON, Circuit Judges.


Opinion for the court filed by TAMM, Circuit Judge.

                                       TABLE OF CONTENTS

                                                                                    Page
   I.  FACTS AND PRIOR PROCEEDINGS. ----------------------------------------------   98
       A.  Factual Background. ---------------------------------------------------   98
       B.  Proceedings. ---------------------------------------------...

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