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ARMCO, INC. v. U.S. E.P.A.

No. 88-3070.

869 F.2d 975 (1989)

ARMCO, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Natural Resources Defense Council, Inc., Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided March 15, 1989.

Attorney(s) appearing for the Case

Christopher R. Schraff (argued), Porter, Wright, Morris & Arthur, Columbus, Ohio, for petitioner.

Lee M. Thomas, Adm. U.S. EPA Office of the Gen. Counsel, Washington, D.C., Valdas V. Adamkus, Adm. EPA, U.S. E.P.A., Chicago, Ill., David J. Kaplan (argued), Office of the U.S. Department of Justice, Environmental Defense Section, Land & Natural Resources Div., Washington, D.C., Craig Jakubowics, Office of U.S. E.P.A. Permits Div., Washington, D.C., for respondent.

Robert W. Adler, Natural Resources Defense Council, Washington, D.C., for intervenor.

Before ENGEL, Chief Judge, and WELLFORD, Circuit Judge; and THOMAS, Senior District Judge.

WELLFORD, Circuit Judge.

Petitioner Armco, Inc. petitions this court to declare as untimely or arbitrary and capricious an October 30, 1987 letter from United States Environmental Protection Agency (USEPA) objecting to Ohio EPA's approval of removal credits for the benefit of the City of Middletown, Ohio, and Armco, the industry discharging phenol and ammonia into the waterway at Middletown. EPA and the intervenor, Natural Resources Defense Council, Inc. (NRDC), an...

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