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MANASOTA-88, INC. v. THOMAS

No. 85-3837.

799 F.2d 687 (1986)

MANASOTA-88, INC., Petitioner, v. Lee M. THOMAS, Administrator, Environmental Protection Agency, and the United States Environmental Protection Agency, Respondents, and Gardinier, Inc., Intervenor-Respondent.

United States Court of Appeals, Eleventh Circuit.

September 15, 1986.

Attorney(s) appearing for the Case

Thomas W. Reese, St. Petersburg, Fla., for petitioner.

David W. Zugschwerdt, U.S. Dept. of Justice, Land & Natural Resources Div., Environmental Defense Section, Washington, D.C., Thomas DeRose, U.S. E.P.A., Atlanta, Ga., Joseph Freedman, Office of General Counsel, U.S. E.P.A., Washington, D.C., for respondents.

Robert L. Rhodes, Jr., Holland & Knight, Lakeland, Fla., for intervenor-respondent.

Before JOHNSON and ANDERSON, Circuit Judges, and GARZA, Senior Circuit Judge.

GARZA, Senior Circuit Judge:

BACKGROUND

Gardinier, Inc. ("Gardinier"), is engaged in mining and processing phosphate ore and manufacturing fertilizers and other chemical products at its Tampa Chemical plant located in Hillsborough County, Florida. On June 30, 1977, the United States Environmental Protection Agency ("EPA" or "Agency") issued Gardinier a five-year National Pollution Discharge Elimination System ("NPDES") permit regulating discharges from this...

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