LAKE CUMBERLAND TRUST, INC., Kentucky Chapters of Trout Unlimited, Inc., League of Kentucky Sportsmen, Inc., the Sierra Club, Pleasant Hill Community Association, Phillip Heeren, Frank Elsen, Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
The City of Jamestown, Kentucky, Union Underwear Company, Inc., and the Commonwealth of Kentucky Natural Resources and Environmental Protection Cabinet, Intervenors.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued October 1, 1991.
Decided January 27, 1992.
Order Modifying Opinion on Petition for Rehearing April 10, 1992.
Attorney(s) appearing for the Case
Robert E. Reeves, Reeves & Graddy, Lexington, Ky., Todd E. Leatherman, W. Henry Graddy, IV (argued and briefed), Reeves & Graddy, Versaille, Ky., for petitioners.
Martin F. McDermott (argued and briefed), U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., Valdas V. Adamkus, Adm. EPA, U.S. E.P.A., Office of Regional Counsel, Region V, Chicago, Ill., William K. Reilly, Adm'r, Carol Ann Siciliano, U.S. E.P.A., Office of Gen. Counsel, Washington, D.C., Jacqueline F. Colson, U.S. E.P.A., Region IV, Atlanta, Ga., for respondent.
David A. Owen, John C. Bender, V. Thomas Fryman, Jr. (briefed), Lloyd R. Cress, Greenebaum, Doll & McDonald, Lexington, Ky., for intervenor City of Jamestown, Ky.
Edward F. Busch (briefed), Jack R. Underwood, Jr., Conliffe, Sandmann, Gorman & Sullivan, Louisville, Ky., for intervenor Underwear Com York Corp.
Dennis J. Conniff, Office of Gen. Counsel, Nat. Resources & Environmental Protection Cabinet, Kathryn M. Hargraves (briefed), Nat. Resources & Environmental Protection Cabinet, Office of Gen. Counsel, Frankfort, Ky., for intervenor Com. of Ky., Natural Resources and Environmental Protection Cabinet.
Before JONES, Circuit Judge, and ROSEN, District Judge.
United States Court of Appeals, Sixth Circuit.
ROSEN, District Judge.
This case involves a petition for review under Section 509(b)(1) of the Clean Water Act, 33 U.S.C. § 1369(b)(1). Petitioners ask this Court to review the Environmental Protection Agency's ("EPA") approval of the Clean Water Act Section 304(1) individual control strategy ("ICS") issued by the Commonwealth of Kentucky's Natural Resources and Environmental Protection Cabinet (the "Kentucky Cabinet") for Jamestown, Kentucky's wastewater treatment...
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