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MODINE MFG. CORP. v. KAY

Nos. 85-3397, 85-3496 and 85-3509.

791 F.2d 267 (1986)

MODINE MANUFACTURING CORPORATION, Petitioner, v. Morris KAY, Regional Administrator, Region VII, U.S. Environmental Protection Agency and U.S. Environmental Protection Agency, Region VII, Respondents in No. 85-3397, Judith E. Ayres, Regional Administrator, Region IX, U.S. Environmental Protection Agency, and U.S. Environmental Protection Agency, Region IX, Respondents in No. 85-3496, Valdas V. Adamkus, Regional Administrator, Region V, U.S. Environmental Protection Agency, and U.S. Environmental Protection Agency, Region V, Respondents in No. 85-3509.

United States Court of Appeals, Third Circuit.

Decided May 27, 1986.

Attorney(s) appearing for the Case

Richard J. Kissel, M. Therese Yasdick, Daniel F. O'Connell, Joseph S. Wright (argued), Martin, Craig, Chester & Sonnenschein, Chicago, Ill., for petitioner.

F. Henry Habicht, II, Asst. Atty. Gen., Land and Natural Resources Div., Margaret N. Strand, Carl Strass, U.S. Dept. of Justice, Lee C. Schroer (argued), U.S.E.P.A., Francis S. Blake (of counsel), Gen. Counsel, Colburn T. Cherney, Susan G. Lepow, U.S.E.P.A., Washington, D.C., for respondents.

Before ADAMS, GIBBONS and HUNTER, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

These petitions require the Court to determine whether it has jurisdiction to review directly administrative interpretations of regulations promulgated under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. (1982). If such jurisdiction exists, we then must consider the propriety of the agency's rulings.

The Federal Water Pollution Control Act, commonly referred to as the Clean...

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