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VIRGINIA ELEC. & POWER CO. v. U. S. E. P. A.

No. 79-1308.

610 F.2d 187 (1979)

VIRGINIA ELECTRIC AND POWER COMPANY, Appalachian Power Company, Baltimore Gas and Electric Company, Carolina Power & Light Company, Delmarva Power & Light Company, Duke Power Company, Monongahela Power Company, Ohio Power Company, Potomac Edison Company, Potomac Electric Power Company, South Carolina Electric & Gas Company, West Penn Power Company, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Douglas M. Costle, Administrator, Respondents, (four cases).

United States Court of Appeals, Fourth Circuit.

Decided December 4, 1979.

Attorney(s) appearing for the Case

Turner T. Smith, Jr., Richmond, Va., for petitioners.

Richard Stoll, for respondents.

Before HAYNSWORTH, Chief Judge, and WIDENER and PHILLIPS, Circuit Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

The Environmental Protection Agency (EPA) has moved to dismiss as premature petitions for review of certain of its regulations filed by the Virginia Electric and Power Company, et al. (the utilities) before the hour and date specified by the EPA as the time that challenged regulations were to be considered effective for purposes of judicial review. We grant the motion.

On May 1, 1979, the EPA announced that proposed...

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