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KOPPERS CO., INC. v. U.S. E.P.A.

No. 84-3701.

767 F.2d 57 (1985)

KOPPERS COMPANY, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Third Circuit.

Decided July 8, 1985.

Attorney(s) appearing for the Case

Robert L. Collings (argued), Kenneth R. Myers, William F. Mongan, Morgan, Lewis & Bockius, Philadelphia, Pa., and Templeton Smith, Koppers Co., Inc., Pittsburgh, Pa., for petitioner; Kenneth A. Rubin, Morgan, Lewis & Bockius, Washington, D.C., of counsel.

F. Henry Habicht, II, Asst. Atty. Gen., Land & Natural Resources Div., Scott E. Slaughter (argued), Margaret M. Strand, Michael W. Steinberg, Environmental Defense Section, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., Pamela E. Savage, Atty., for respondent; Gerald H. Yamada, Acting Gen. Counsel, Susan G. Lepow, Asst. Gen. Counsel, E.P.A., Washington, D.C., of counsel.

Before ALDISERT, Chief Judge, GIBBONS, Circuit Judge, and BECHTLE, District Judge.

OPINION OF THE COURT

PER CURIAM.

In this appeal we must review the propriety of a decision by the Administrator of the Environmental Protection Agency that a variance provision of the Clean Water Act does not apply to pretreatment standards. Because we hold that the Administrator's decision was not arbitrary or capricious, we deny the petition for review.

I.

Koppers Company has two merchant coke manufacturing plants at Erie, Pennsylvania...

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