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VIRGINIA ELEC., ETC. v. UNITED STATES E. P. A.

No. 79-1347 and Consolidated Cases.

655 F.2d 534 (1981)

VIRGINIA ELECTRIC AND POWER COMPANY et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY et al., Respondents. Natural Resources Defense Council, Inc., Alabama Power Co. et al., and Tenneco Oil Company, Intervenors.

United States Court of Appeals, Fourth Circuit.

Decided April 28, 1981.

Attorney(s) appearing for the Case

George C. Freeman, Jr., William A. Anderson, II, J. Kennerly Davis, Jr., Turner T. Smith, Jr., E. Gabriel Smith, Richmond, Va., for Va. Elec. & Power Co.

James A. Biddsion, Jr., W. Robert Buchanan, Baltimore, Md., for Baltimore Gas & Elec.

Alan W. Eckert, Richard G. Stoll, Jr., Washington, D. C., David T. Buente, Pittsburgh, Pa., for U.S. Environmental Protection Agency.

Randulph R. Mahan, for South Carolina Elec. & Gas Co.

J. Taylor Banks, Washington, D. C., Alfred B. Smith, Houston, Tex., Ronald J. Wilson, Charles M. Darling, Washington, D. C., for Natural Resources Defense Council, Inc.

Before PHILLIPS, MURNAGHAN and SPROUSE, Circuit Judges.

MURNAGHAN, Circuit Judge:

In a symbolic sense, the procedural issue we now consider may provide in the 1980's a close resemblance to the land rush when the Oklahoma Territories were opened.

It concerns judicial review of extensive amendments proposed on August 21, 1978 to regulations of the United States Environmental Protection Agency ("EPA") governing the National Pollutant Discharge Elimination System ("NPDES") permit program under the Clean Water Act ...

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