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FAIRVIEW TP., YORK COUNTY v. UNITED STATES E.P.A.

No. 84-5688.

773 F.2d 517 (1985)

FAIRVIEW TOWNSHIP, COUNTY OF YORK, COMMONWEALTH OF PENNSYLVANIA and Northern York County Regional Joint Sewer Authority, County of York, Commonwealth of Pennsylvania v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; and William Ruckelshaus, Administrator, U.S. Environmental Protection Agency; Thomas P. Eichler, Administrator, U.S. Environmental Protection Agency, Region III, and Greene A. Jones, Director, U.S. Environmental Protection Agency, Region III, Water Management Division; Pennsylvania Department of Environmental Resources, Agent For the U.S. Environmental Protection Agency; and Nicholas Debenedictis, Secretary, Pennsylvania Department of Environmental Resources. Appeal of NORTHERN YORK JOINT SEWER AUTHORITY and Fairview Township, County of York, Commonwealth of Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided September 23, 1985.

Attorney(s) appearing for the Case

John E. Childe, Jr. (argued), Dice & Childe, Harrisburg, Pa., for appellants.

David Dart Queen, U.S. Atty., Harry A. Nagle, Asst. U.S. Atty., Lewisburg, Pa., F. Henry Habicht, II, Asst. Atty. Gen., Washington, D.C., Dirk D. Snell, Carl Strass, John T. Stahr (argued), Attys. Dept. of Justice, Washington, D.C. (Gerald H. Yamada, Acting Gen. Counsel, Stephen G. Pressman, Office of Gen. Counsel, U.S.E.P.A., Washington, D.C., of counsel), for appellees.

Before HIGGINBOTHAM, BECKER, Circuit Judges, and COHILL, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal from an order of the United States District Court for the Middle District of Pennsylvania, dismissing, for want of subject matter jurisdiction, an action brought by Fairview Township, Pennsylvania, and Northern York Joint Sewer Authority ("Northern York") against the United States Environmental Protection Agency ("EPA"). The case presents a number of difficult questions concerning the jurisdiction...

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