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SEACOAST ANTI-POLLUTION LEAGUE v. COSTLE

No. 78-1339.

597 F.2d 306 (1979)

SEACOAST ANTI-POLLUTION LEAGUE et al., Petitioners, v. Douglas M. COSTLE, as Administrator of the United States Environmental Protection Agency, Respondent, Public Service Company of New Hampshire, Intervenor.

United States Court of Appeals, First Circuit.

Decided May 2, 1979.

Attorney(s) appearing for the Case

Robert A. Backus, Manchester, N. H., and Harvey N. Winchester, Needham, Mass., with whom O'Neill, Backus & Spielman, Manchester, N. H., was on brief for petitioners.

Barry S. Neuman, Atty., Environmental Protection Agency, with whom James W. Moorman, Asst. Atty. Gen., Joan Bernstein, Gen. Counsel, James A. Rogers, Atty., Environmental Protection Agency, Bradford F. Whitman and Fred R. Disheroon, Attys., Dept. of Justice, Washington, D. C., were on brief for respondent.

Thomas G. Dignan, Jr., Boston, Mass., with whom John A. Ritsher, R. K. Gad, III, Faith S. Hochberg, and Ropes & Gray, Boston, Mass., were on brief for intervenor.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, PETTINE, District Judge.

COFFIN, Chief Judge.

This case returns to us challenging the Administrator's Remand Opinion reaffirming his approval of the proposed once-through cooling system for the Seabrook Nuclear Power Plant. We had remanded his first decision on procedural grounds. Seacoast Anti-Pollution League v. Costle, 572 F.2d 872, cert. denied, ___ U.S. ___, 99 S.Ct. 94, 58 L.Ed.2d 117 (1978). The petitioners, Seacoast Anti-Pollution League...

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