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WEBB v. GORSUCH

No. 82-1586.

699 F.2d 157 (1983)

Rick WEBB, Petitioner, v. Anne GORSUCH, Administrator, Environmental Protection Agency, Brooks Run Coal Company, Lackey Coals, Inc., T. & R. Coal Company, Lexie Coal Corporation, D. & K. Coal Company, Inc., and Pammlid Coal Company, Inc., Respondents.

United States Court of Appeals, Fourth Circuit.

Decided January 20, 1983.

Attorney(s) appearing for the Case

John McFerrin, Barbourville, Ky., Appalachian Research and Defense Fund, Inc. for petitioner.

Gregory R. Gorrell, Charleston, W. Va. (W. Henry Jernigan, Mark C. Russell, Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., on brief) and Joseph Freedman, U.S. Environmental Protection Agency, Steubenville, Ohio (Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., Jose Allen, David T. Buente, Jr., Dept. of Justice, Washington, D.C., Robert M. Perry, Houston, Tex., Associate Administrator and Gen. Counsel, Bruce Diamond, Acting Associate Gen. Counsel, U.S. Environmental Protection Agency, Washington, D.C., William Early, U.S. Environmental Protection Agency, Philadelphia, Pa., on brief), for respondents.

Before WINTER, Chief Judge, CHAPMAN, Circuit Judge, and BUTZNER, Senior Circuit Judge.

HARRISON L. WINTER, Chief Judge:

By his petition for review authorized by § 509(b)(1)(F) of the Federal Water Pollution Control Act, sometimes called the Clean Water Act (CWA), 33 U.S.C. § 1369, Rick Webb challenges the validity of five permits granted by the Environmental Protection Agency (EPA). The permits were issued under CWA to allow Brooks Run Coal Co. and others (the companies),1

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