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TEXAS MUN. POWER AGENCY v. ADMINISTRATOR OF U.S. OF AMERICA E.P.A.

No. 85-4513.

799 F.2d 173 (1986)

TEXAS MUNICIPAL POWER AGENCY, Petitioner, v. ADMINISTRATOR OF the UNITED STATES OF AMERICA ENVIRONMENTAL PROTECTION AGENCY and the United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Fifth Circuit.

September 5, 1986.

Attorney(s) appearing for the Case

Paul Gerard Gosselink, Lloyd, Gosselink, Ryan & Fowler, Leslie Elizabeth Barras, Austin, Tex., for petitioner.

Stephen L. Samuels, Lee Thomas, Adm'r, E.P.A., Erik D. Olson, Atty., Washington, D.C., for respondents.

Before GARWOOD and HILL, Circuit Judges, and WILL, Senior District Judge.

GARWOOD, Circuit Judge:

Petitioner challenges the conditions of a National Pollution Discharge Elimination System (NPDES) permit and the Environmental Protection Agency's (EPA) authority to impose those conditions on an outfall at petitioner's steam generating plant. We determine that this Court lacks jurisdiction over the application for review because petitioner did not file its application for review within the statutorily prescribed ninety-day period, and accordingly...

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