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ROOSEVELT CAMPOBELLO INTERN. PARK v. U. S. E. P. A.

Nos. 81-1548, 81-1560 and 81-1773.

684 F.2d 1041 (1982)

ROOSEVELT CAMPOBELLO INTERNATIONAL PARK COMMISSION, et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, The Pittston Company, et al., Intervenors. CONSERVATION LAW FOUNDATION OF NEW ENGLAND, INC., et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, The Pittston Company, et al., Intervenors. CONSERVATION LAW FOUNDATION OF NEW ENGLAND, INC., et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, The Pittston Company, et al., Intervenors.

United States Court of Appeals, First Circuit.

Decided August 10, 1982.

As Amended on Denial of Rehearing and Rehearing October 7, 1982.

Attorney(s) appearing for the Case

Bruce J. Terris, Washington, D. C., and Alan Wilson, Boston, Mass., with whom Karen H. Edgecombe, Washington, D. C., Kenneth T. Hoffman, Douglas I. Foy, and Kathleen C. Farrell, Boston, Mass., were on brief, for petitioners.

Gregory W. Sample, Asst. Atty. Gen., with whom James E. Tierney, Atty. Gen., and Kay R.H. Evans, Asst. Atty. Gen., Augusta, Me., were on brief, for the State of Maine, amicus curiae.

Jonathan B. Hill, with whom John P. Schnitker, Dow, Lohnes & Albertson, Washington, D. C., Bruce W. Chandler, and Marden, Dubord, Bernier & Chandler, Waterville, Me., were on brief, for the Pittston Co., intervenor.

Rosanne Mayer, Atty., Dept. of Justice, with whom Carol E. Dinkins, Asst. Atty. Gen., Land and Natural Resources Div., Donald W. Stever, Jr., Atty., Dept. of Justice, Washington, D. C., and Susan Studlien, Atty., E. P. A., Boston, Mass., were on brief, for U. S. E. P. A., respondent.

Wayne S. Henderson, Boston, Mass., for New England Legal Foundation, et al., intervenor.

Before COFFIN, Chief Judge, BOWNES and BREYER, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc October 7, 1982.

COFFIN, Chief Judge.

In these three consolidated appeals petitioners challenge the final decision of the EPA Administrator to issue a National Pollutant Discharge Elimination System (NPDES) permit to the Pittston Company pursuant to § 402 of the Clean Water Act, 33 U.S.C. § 1342. The permit authorizes the Pittston Co. to construct and operate a 250,000 barrel per day oil refinery...

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