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ENVIRONMENTAL DEFENSE v. TENN WATER QUALITY

660 S.W.2d 776 (1983)

ENVIRONMENTAL DEFENSE FUND, INC., et al., Plaintiffs-Appellants, v. TENNESSEE WATER QUALITY CONTROL BOARD, et al., Defendants-Appellees.

Court of Appeals of Tennessee, Middle Section.

Permission to Appeal Denied July 25, 1983.

Attorney(s) appearing for the Case

Frank M. Fly, Murfreesboro, James Robertson, Claudia Ribet, William D. Brighton, Washington, D.C., Joe W. McCaleb, Hendersonville, James T.B. Tripp, New York City, for plaintiffs/appellants.

Herbert S. Sanger, Jr., Gen. Counsel, James E. Fox, Associate Gen. Counsel, Brent R. Marquand, Thomas C. Doolan, Tennessee Valley Authority, Knoxville, Lon P. McFarland, Glenn L. Cox, Columbia, Lee Breckenridge, Asst. Atty. Gen., William Hubbard, Chief Deputy Atty. Gen., Nashville, for defendants/appellees.

Permission to Appeal Denied by Supreme Court July 25, 1983.

OPINION

CANTRELL, Judge.

The Tennessee Valley Authority, joined by the Upper Duck River Development Agency, Marshall and Maury Counties, and the cities of Columbia and Lewisburg, petitioned the Tennessee Water Quality Control Board for certification under Section 401 of the Federal Water Pollution Control Act and a permit under Section 7 of the Tennessee Water Quality Control Act, allowing...

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