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NATIONAL COAL ASS'N v. U.S.E.P.A.

No. 85-2262.

810 F.2d 431 (1987)

NATIONAL COAL ASSOCIATION, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided January 30, 1987.

Rehearing and Rehearing Denied March 11, 1987.

Attorney(s) appearing for the Case

Michael B. Barr (Kristy A. Niehaus; Hunton & Williams, Washington, D.C., on brief), for petitioner.

Joseph Freedman, Office of Gen. Counsel, U.S.E.P.A. (Francis S. Blake, Gen. Counsel; Susan G. Lepow, Acting Associate Gen. Counsel; F. Henry Habicht, II, Asst. Atty. Gen., Land & Natural Resources Div.; Susan L. Smith, Joseph Freedman, Washington, D.C. on brief), for respondent.

Before RUSSELL and HALL, Circuit Judges, and DOUMAR, United States District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing En Banc Denied March 11, 1987.

K.K. HALL, Circuit Judge:

National Coal Association ("NCA") petitions the Court pursuant to § 509(b)(1) of the Clean Water Act, 33 U.S.C. § 1369(b)(1) (1982), for review of the effluent limitation guidelines promulgated by the Administrator of the United States Environmental Protection Agency ("EPA") at 50 Fed.Reg. 41,295, et seq. (1985) (codified at 40 C.F.R. Part 434). In particular...

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