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TEXAS MUN. POWER AGENCY v. ADM'R, OF U.S. E.P.A.

No. 86-4877.

836 F.2d 1482 (1988)

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

United States Court of Appeals, Fifth Circuit.

February 10, 1988.

Attorney(s) appearing for the Case

Paul G. Gosselink, Leslie E. Barras, Austin, Tex., for petitioner.

Brian Faller, Dept. of Justice, Lee M. Thomas, Adm'r, Pamela E. Savage, E.P.A., Washington, D.C., Jan M. Horn, Dallas, Tex., Edwin Meese, Atty. Gen., U.S. Dept. of Justice, Stephen Lee Samuels, Washington, D.C., for respondents.

Before WISDOM, GEE, and CAROLYN DINEEN KING, Circuit Judges.

WISDOM, Circuit Judge:

This case is part of a dispute over whether it is lawful for the United States Environmental Protection Agency ("EPA") to regulate internal waters which are an integral part of the waste treatment system of the Texas Municipal Power Agency ("TMPA"). The EPA has been doing so for almost nine years. We hold that it may continue for at least two more years.

I.

TMPA, an electric utility, operates a lignite-fired steam generating...

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