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P.H. GLATFELTER CO. v. U.S. E.P.A.

No. 90-1488.

921 F.2d 516 (1990)

P.H. GLATFELTER COMPANY, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; William K. Reilly, in his official capacity as Administrator of the United States Environmental Protection Agency; Greer C. Tidwell, in his official capacity as Regional Administrator for the United States Environmental Protection Agency, Region IV, Respondents, Weyerhauser Company; International Paper Company; Bowater Incorporated; Federal Paper Board Company, Incorporated, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 10, 1990.

Attorney(s) appearing for the Case

David Gideon Mandelbaum, Ballard, Spahr, Andrews & Ingersoll, Philadelphia Pa., argued (Mary Jude Pigsley, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., Richard C. Gaskins, Jr., Moore & Van Allen, Charlotte, N.C., Charles Dixon Case, Craig Alan Bromby, Moore & Van Allen, Raleigh, N.C., on pleading), for petitioner.

David Aiken Carson (argued), Environmental and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for respondent.

Before ERVIN, Chief Judge, and PHILLIPS and CHAPMAN, Circuit Judges.

CHAPMAN, Circuit Judge:

I.

Petitioner P.H. Glatfelter Company ("Glatfelter") owns and operates a pulp and paper mill known as Ecusta Mill in Transylvania County, North Carolina. The Ecusta Mill discharges wastewater into the French Broad River. Glatfelter holds a National Pollutant Discharge Elimination System ("NPDES") permit for Ecusta Mill's discharges which was issued by the State of North Carolina in 1988 and satisfies all requirements of the Clean...

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