1. Home
  2. Browse Decisions
  3. F.2d
  4. 671 F.2d
  5. 671 F.2d 801 (1982)
 

APPALACHIAN POWER CO. v. U.S. ENV. PROT. AGCY.

No. 80-1663.

671 F.2d 801 (1982)

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; Virginia Electric and Power Company; West Penn Power Company, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and Douglas M. Costle, Administrator, Respondents, Natural Resources Defense Council, Inc.,/R, Intervenor, Alabama Power Company; Allegheny Power System, Inc.; American Electric Power Company, Inc.; Arkansas-Missouri Power Company; Arkansas Power & Light Company; Boston Edison Company; Central and South West Services, Inc.; Central Illinois Light Company; Central Illinois Public Service Company; The Cincinnati Gas & Electric Company; The Cleveland Electric Illuminating Company; Columbus & Southern Ohio Electric Company; Commonwealth Edison Company; The Connecticut Light and Power Company; Consolidated Edison Company of New York, Inc.; Dallas Power & Light Company; The Dayton Power and Light Company; The Detroit Edison Company; Edison Electric Institute; Florida Power and Light Company; Georgia Power Company; Gulf Power Company; Gulf States Utilities Company; The Hartford Electric Light Company; Holyoke Water Power Company; Houston Lighting & Power Company; Illinois Power Company; Indiana-Kentucky Electric Corporation; Indiana & Michigan Electric Company; Indiana & Michigan Power Company; Indianapolis Power & Light Company; Iowa Public Service Company; Kansas City Power & Light Company; Kentucky Power Company; Long Island Lighting Company; Louisiana Power & Light Company; Madison Gas and Electric Company; Middle South Utilities, Inc.; Minnesota Power & Light Company; Mississippi Power Company; Mississippi Power & Light Company; Montaup Electric Company; National Rural Electric; New England Power Company; New Orleans Public Service, Inc.; New York State Electric & Gas Corporation; Niagara Mohawk Power Corporation; Northeast Utilities; Northern Indiana Public Service Company; Ohio Edison Company; Ohio Electric Company; Ohio Valley Electric Corporation; Oklahoma Gas & Electric Company; Pacific Gas and Electric Company; Pennsylvania Power & Light Company; Philadelphia Electric Company; Public Service Electric and Gas Company; Public Service Company of Indiana, Inc.; Public Service Company of New Hampshire; Rochester Gas and Electric Corporation; San Diego Gas & Electric Company; Southern California Edison Company; Southern Company Services, Inc.; Tampa Electric Company; Texas Electric Service Company; Texas Power & Light Company; Texas Utilities Generating Company; Toledo Edison Company; Union Electric Company; Western Massachusetts Electric Company; Wisconsin Electric Power Company; Wisconsin Power & Light Company; Wisconsin Public Service Corporation,/P, Intervenors.

United States Court of Appeals, Fourth Circuit.

Decided February 8, 1982.

Attorney(s) appearing for the Case

George C. Freeman, Jr., Richmond, Va. (Turner T. Smith, Jr., William B. Ellis, Hunton & Williams, Richmond, Va., on brief), for petitioners.

Donald W. Stever, Jr., Chief, Pollution Control Section, Dept. of Justice, Washington, D. C. (Anthony C. Liotta, Acting Asst. Atty. Gen., Land and Natural Resources Division, Michele Beigel Corash, Gen. Counsel, Richard G. Stoll, Jr., Asst. Gen. Counsel, Environmental Protection Agency, Washington, D. C., on brief), for respondents.

Before JEAN S. BREITENSTEIN, Senior United States Circuit Judge for the Tenth Circuit, sitting by designation, and PHILLIPS, Circuit Judge.

JAMES DICKSON PHILLIPS, Circuit Judge:

Appalachian Power Co. and other power companies (power companies) return to this court for the second time with a "Petition to Enforce This Court's Mandate" as issued in Appalachian Power Co. v. Train, 545 F.2d 1351, 1358-60 (4th Cir. 1976) ("Appalachian Power I"). In the first Petition, they argued that the Administrator had violated the mandate by indicating that he would refuse...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases