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NATIONAL WILDLIFE FEDERATION v. U.S. E.P.A.

No. 90-1072.

980 F.2d 765 (1992)

NATIONAL WILDLIFE FEDERATION, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 1992.

Attorney(s) appearing for the Case

Erik D. Olson, Washington, D.C., for petitioner.

Joshua M. Levin, Atty., Dept. of Justice, with whom Roger Clegg, Acting Asst. Atty. Gen., and Paul Bangser, Atty., Office of Gen. Counsel, Washington, D.C., were on the brief for respondent.

Before MIKVA, Chief Judge, WALD and EDWARDS, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

The National Wildlife Federation ("NWF") petitions this court for review of a regulation promulgated by the Environmental Protection Agency ("EPA" or "agency") which allows the EPA discretion to refuse to initiate proceedings to withdraw a state's primary enforcement responsibility, or "primacy," for national drinking water standards under the Safe Drinking Water Act ("SDWA" or "Act")...

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