CLEVELAND ELEC. ILLUMINATING CO. v. E. P. A.

Nos. 77-3085, 77-3160.

603 F.2d 1 (1979)

The CLEVELAND ELECTRIC ILLUMINATING COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY et al., Respondents.

United States Court of Appeals, Sixth Circuit.

Decided August 6, 1979.


Attorney(s) appearing for the Case

Michael L. Hardy, Guren, Merritt, Sogg & Cohen, Donald H. Hauser, William J. Kerner, Cleveland, Ohio, for petitioner.

Barry L. Malter, Gen. Counsel, Environmental Protection Agency, Peter R. Taft, Alfred T. Ghiorzi, Michael P. Carlton, Allen H. Sachsel, Dept. of Justice, Pollution Control Section, Washington, D. C., for respondents.

Before LIVELY and KEITH, Circuit Judges, and PECK, Senior Circuit Judge.


LIVELY, Circuit Judge.

In this case we consider a petition for review of action of the United States Environmental Protection Agency (U.S. EPA) under the Federal Water Pollution Control Act Amendments of 1972, Pub.L. 92-500, 86 Stat. 816, codified at 33 U.S.C. § 1251 et seq. (1972 Amendments). The particular question for review is whether U.S. EPA1 acted lawfully in rejecting a proposed...

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