CITIZENS TO SAVE SPENCER CTY. v. U. S. ENVIRON., ETC.

Attorney(s) appearing for the Case

Robert J. Rauch, Washington, D. C., for petitioners/appellants Environmental Defense Fund, et al., in Nos. 78-1239, 78-1401 and intervenors 78-1002.

Bruce J. Terris, Washington, D. C., with whom Philip G. Sunderland, Washington, D. C., was on the brief for petitioners/appellants, Northern Cheyenne Tribe, et al., in Nos. 78-1002, 78-1239, 78-1331, 78-1401, 78-1604 and 78-1626. Mr. Terris also argued for intervenor, Northern Cheyenne Tribe.

Francis M. Shea, Washington, D. C., with whom Richard T. Conway, James R. Bieke and William R. Galeota, Washington, D. C., were on the brief, for petitioners, Montana Power Company, et al., in No. 78-1610 intervenors in Nos. 78-1002 and 78-1331 and appellees in No. 78-1239.

Michael F. McBride, Washington, D. C., with whom Eugene B. Thomas, Jr. and Margaret R. A. Paradis, Washington, D. C., were on the brief for petitioners Niagara Mohawk Power Corp. in No. 78-1703 and appellee in No. 78-1239.

Albert J. Beveridge, III and Carl Eardley, Washington, D. C., were on the brief, for petitioners the B. F. Goodrich Co., in No. 87-1557, intervenor in No. 78-1002 and amicus curiae in No. 78-1239.

J. Michael Hines, John D. Field, III and John R. Feore, Jr., Washington, D. C., were on the brief, for petitioner, Hampton Roads Energy Co. in No. 78-1590 and amicus curiae in No. 78-1002.

Donald W. Markham and Jonathan B. Hill, Washington, D. C., were on the brief for petitioner, The Pittston Co. in No. 78-1810, appellees in No. 78-1239 and intervenor in Nos. 78-1002 and 78-1626.

Michael K. Glenn, Washington, D. C., was on the brief, for petitioners, American Paper Institute, et al., in No. 78-1815, amicus curiae in No. 78-1239 and intervenor in No. 78-1002.

Theodore L. Garrett, Washington, D. C., was on the brief, for petitioners, Manufacturing Chemists Ass'n, et al., in No. 78-1819 and amicus curiae in No. 78-1002.

H. Thomas Wells, Jr., Birmingham, Ala., was on the brief, for petitioners, Alabama By-Products Corp. in No. 78-1626.

William D. Kramer, Washington, D. C., was on the brief for petitioners Koppers Corporation and USM Corp. in No. 78-1838 and No. 78-1839.

Angus MacBeth, Atty., Dept. of Justice, Washington, D. C., with whom Erica L. Dolgin, Atty., Dept. of Justice and Joan Z. Bernstein, Gen. Counsel, Environmental Protection Agency, Washington, D. C., were on the brief, for respondents.

George C. Freeman, Jr., Richmond, Va., with whom Henry V. Nickel and Michael B. Barr, Washington, D. C., were on the brief, for intervenor/appellee Alabama Power Co., et al., in Nos. 78-1002 and 78-1239.

John J. Adams and David F. Peter, Richmond, Va., were on the brief, for intervenor/appellee American Petroleum Institute, et al., in Nos. 78-1002 and 78-1239.

Jon T. Brown and J. Cathy Lichtenberg, Washington, D. C., were on the brief, for intervenor/appellee Hoosier Energy Division in No. 78-1002 and No. 78-1239.

George J. Meiburger, James M. Broadstone and John F. Harrington, Washington, D. C., were on the brief, for intervenor/appellee Mountain Fuel Supply Co. in No. 78-1002 and No. 78-1239.

Charles F. Lettow and Henry J. Plog, Jr., Washington, D. C., were on the brief, for appellee PPG Industries, in No. 78-1239.

Fred F. Fielding, Thomas C. Watson and James Skelly Wright, Jr., Washington, D.C., were on the brief, for appellee The Sierra Pacific Power Co. in No. 78-1239.

William A. Mogel, Washington, D. C., was on the brief for intervenor Ideal Basic Industries, Inc. in Nos. 78-1002, 78-1401, 78-1525, 78-1557, 78-1604, 78-1610, 78-1626 and 78-1703 and amicus curiae in No. 78-1239.

William E. Murane, Robert T. Connery, Paul D. Phillips, Denver, Colo., and William R. Duff, Washington, D. C., were on the brief, for intervenor Colorado Interstate Gas Co. in Nos. 78-1002, 78-1401, 78-1525, 78-1557, 78-1604, 78-1610, 78-1626, 78-1703 and amicus curiae in No. 78-1239.

J. Eugene Marans, Washington, D. C., was on the brief for amicus curiae, Texas Industries, Inc. in No. 78-1002.

Also Michael C. Kendall, Jasper, Ind., entered an appearance for petitioners in No. 78-1002.

Also James W. Moorman, Earl Salo, Attys., Dept. of Justice, Washington, D. C., entered appearances for respondents.

Also James H. Cohen, Washington, D. C., entered an appearance for intervenor, Sierra Club in Nos. 78-1810, 78-1815, 78-1819, 78-1826, 78-1838 and 78-1839.

Also R. G. Groussman and J. F. Bates, Salt Lake City, Utah, entered appearances, for amicus curiae, Mountain Fuel Supply Co. in No. 78-1239.

Before LEVENTHAL, ROBINSON and WILKEY, Circuit Judges.

                     OUTLINE OF THE OPINION

             Citizens to Save Spencer County v. EPA
                                                                           Page

Introduction__________________________________________________     850

  I.   BACKGROUND TO THE PRESENT LITIGATION                                 851

       A. Statutory Inconsistent,                                           851

       B. Administrative Interpret...

                    
                    
                    

                        

                            

                                

                            
                            

                                

                                    

                                        

                                        

                                        

                                    
                                
                                

                                    
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