APPALACHIAN POWER COMPANY, Baltimore Gas and Electric Company, Carolina Power & Light Company, Duke Power Company, Monongahela Power Company, Ohio Power Company, Potomac Edison Company, Potomac Electric Power Company, South Carolina Electric & Gas Company, Virginia Electric and Power Company, West Penn Power Company, Petitioners,
v.
Russell E. TRAIN, as Administrator, Environmental Protection Agency, Respondent,
Alabama Power Company et al.,
Jersey Central Power & Light Company, Metropolitan Edison Company and Pennsylvania Electric Company, Intervenors.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued April 4, 1979.
Decided April 28, 1980.
Attorney(s) appearing for the Case
George C. Freeman, Jr., Richmond, Va. (Turner T. Smith, Jr., William A. Anderson, II, E. Gabriel Smith, Hunton & Williams, Richmond, Va., on brief), for petitioners Appalachian Power Co., et al.
James Taylor Banks, Natural Resources Defense Council, Inc., Washington, D. C. (Stephen H. Schroeder, Ronald J. Wilson, Washington, D. C., on brief), for petitioner NRDC.
Richard G. Stoll, Jr., Deputy Associate Gen. Counsel, EPA, Washington, D. C. (Joan Z. Bernstein, Gen. Counsel, James A. Rogers, Associate Gen. Counsel, EPA, James W. Moorman, Asst. Atty. Gen., Land and Natural Resources Division, Bradford F. Whitman, Asst. Chief, Pollution Control Section, Barry J. Trilling, Dept. of Justice, Washington, D. C., on brief), for respondents.
Before BREITENSTEIN, Senior Circuit Judge, and WIDENER and PHILLIPS, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
WIDENER, Circuit Judge:
These actions arise because of EPA amending its regulations to comply with our mandate in Appalachian Power Co. v. Train,545 F.2d 1351 (4th Cir. 1976). In Appalachian Power, approximately seventy power companies sought review of the Environmental Protection Agency's (EPA) regulations promulgated under authority of the Federal Water Pollution Control Act (Act).1 The...
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