Legal Opinion

Consolidation Coal Company v. Douglas M. Costle, as Administrator, Environmental Protection Agency

Court of Appeals for the Fourth Circuit

Decided June 25, 1979No. 76-1690, 76-1859, 76-1862, 76-1912, 76-1981, 76-1982, 76-2019, 76-2020, 76-2059, 76-2145 to 76-2147, 77-1474, 77-1490, 77-1491, 77-1534, 77-1592 to 77-1594, 77-1828, 77-1845, 77-1892, 77-1893, 77- 1957, 77-1989, 77-1990 and 77-2088PublishedCited by 50 opinions

1Opinion of the Court

BUTZNER, Circuit Judge:

In 27 consolidated cases, 17 coal producers, their trade association, 5 citizens’ environmental associations, and the Commonwealth of Pennsylvania seek review, pursuant to 33 U.S.C. § 1369(b)(1)(E), of water pollution control regulations for existing facilities in the coal industry promulgated by the administrator of the Environmental Protection Agency. 1 We uphold the regulations with the exception of a clause establishing criteria for variances.

I

The Federal Water Pollution Control Act of 1972 is a legislative mandate to restore and maintain the chemical, physical, and…

2Cases cited25 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
  3. The Toilet Goods Association, Inc. v. John w.ga Rdner, Secretary of Health, Education, and WelfareSupreme Court of the United States · 1967
  4. Environmental Protection Agency v. California Ex Rel. State Water Resources Control BoardSupreme Court of the United States · 1976
  5. Natural Resources Defense Council, Inc. v. Russell E. Train, in His Official Capacity as Administrator, Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1975

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3Cited by50 opinions

  1. Environmental Defense Fund, Inc. v. Douglas M. Costle, as Administrator, U. S. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1981
  2. Environmental Protection Agency v. National Crushed Stone Ass'nSupreme Court of the United States · 1980
  3. Sierra Club v. Abston Construction Co., Inc., State of Alabama Ex Rel., Intervenor-AppellantCourt of Appeals for the Fifth Circuit · 1980
  4. Chemical Manufacturers Association v. U.S. Environmental Protection Agency, No. 87-4849Court of Appeals for the Fifth Circuit · 1989
  5. South Carolina ex rel. Tindal v. BlockCourt of Appeals for the Fourth Circuit · 1983

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