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CHEMICAL MANUFACTURERS ASSN. v. NRDC

No. 83-1013.

470 U.S. 116 (1985)

CHEMICAL MANUFACTURERS ASSOCIATION ET AL. v. NATURAL RESOURCES DEFENSE COUNCIL, INC., ET AL.

Supreme Court of United States.

Decided February 27, 1985

Attorney(s) appearing for the Case

Samuel A. Alito, Jr., argued the cause for petitioners in both cases and filed briefs for petitioner in No. 83-1373. With him on the briefs were Solicitor General Lee, Assistant Attorney General Habicht, and Deputy Solicitor General Claiborne. Theodore L. Garrett filed briefs for petitioners in No. 83-1013.

Frances Dubrowski argued the cause for respondents in both cases and filed a brief for respondent Natural Resources Defense Council, Inc.†

Briefs of amici curiae urging affirmance were filed for the State of New York by Robert Abrams, Attorney General, Peter H. Schiff, and James A. Sevinsky and Kathleen Liston Morrison, Assistant Attorneys General; and for the Southeastern Fisheries Association, Inc., by Eldon V. C. Greenberg.

JUSTICE WHITE delivered the opinion of the Court.

These cases present the question whether the Environmental Protection Agency (EPA) may issue certain variances from toxic pollutant effluent limitations promulgated under the Clean Water Act, 86 Stat. 816, as amended, 33 U. S. C. § 1251 et seq.1

I

As part of a consolidated lawsuit, respondent Natural Resources Defense...

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