NATURAL RESOURCES DEFENSE COUNCIL v. U.S. E.P.A.

No. 92-2520.

16 F.3d 1395 (1993)

NATURAL RESOURCES DEFENSE COUNCIL, INCORPORATED; Environmental Defense Fund, Incorporated; Audubon Naturalist Society of the Central Atlantic States; Maryland Conservation Council; Conservation Federation of Maryland; John Gottschalk; Mark Kovach; Ken Penrod; Glen Peacock; C.L. Fitchett; Louis W. Powers, Plaintiffs-Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Edwin B. Erickson, Region III Administrator; William Reilly, Administrator, United States Environmental Protection Agency; Westvaco Corporation; The American Paper Institute, Incorporated; Chesapeake Corporation; Union Camp Corporation; The State of Maryland, Department of the Environment, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 22, 1993.


Attorney(s) appearing for the Case

ARGUED: David Sandburg Bailey, Environmental Defense Fund, Washington, D.C., for appellants. John Alan Bryson, United States Department of Justice, Washington, D.C., for appellees. ON BRIEF: Robert W. Adler, Senior Attorney, Natural Resources Defense Counsel, Washington, D.C., for appellants. Myles W. Flint, Acting Assistant Attorney General, Greer S. Goldman, David C. Shilton, United States Department of Justice, Washington, D.C.; Manning Gasch, Jr., Joseph M. Spivey, III, Hunton & Williams, Richmond, Virginia; Roland DuBois, Office of General Counsel, United States Environmental Protection Agency, Washington, D.C.; Andrew Duchovnay, Office of Regional Counsel, United States Environmental Protection Agency, Philadelphia, Pennsylvania, for appellees.

Before HALL and NIEMEYER, Circuit Judges, and BRITT, United States District Judge for the Eastern District of North Carolina, sitting by designation.


OPINION

BRITT, District Judge:

This appeal arises out of consolidated suits brought by the Natural Resources Defense Council ("NRDC") and Environmental Defense Fund ("EDF") to challenge the approval by the United States Environmental Protection Agency ("EPA") of state water quality standards implemented by Maryland and Virginia.1 Specifically, NRDC and EDF contest the approval of these...

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