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MUNICIPAL AUTH. OF BOR. OF ST. MARYS v. U.S. E.P.A.

No. 91-3009.

945 F.2d 67 (1991)

MUNICIPAL AUTHORITY OF the BOROUGH OF ST. MARYS, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Third Circuit.

Decided September 12, 1991.

Rehearing Denied October 7, 1991.

Attorney(s) appearing for the Case

Alan S. Miller (argued), Anthony P. Picadio, Picadio, McCall & Kane, Pittsburgh, Pa., for petitioner.

Jon M. Lipshultz (argued), U.S. Dept. of Justice, Environmental Defense Section, Land and Natural Resources Div., Washington, D.C., for respondent.

Before STAPLETON, HUTCHINSON and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

St. Marys petitions this court for review of the Environmental Protection Agency's ("EPA") decision to approve an individual control strategy issued by the Pennsylvania Department of Environmental Resources for the St. Mary's Publicly Owned Treatment Works, and also the EPA's decision to include Elk Creek on the list of polluted navigable waters subject...

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