Virginia Electric & Power Co. v. United States Environmental Protection Agency

JAMES DICKSON PHILLIPS, Circuit Judge:

The Environmental Protection Agency (EPA) has moved to dismiss as premature petitions for review of certain of its regulations filed by the Virginia Electric and Power Company, et al. (the utilities) before the hour and date specified by the EPA as the time that challenged regulations were to be considered effective for purposes of judicial review. We grant the motion.

On May 1, 1979, the EPA announced that proposed changes in the National Pollutant Discharge Elimination System regulations under the Clean Water Act, 33 U.S.C. *188§ 1251 et seq., would become…