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

MURNAGHAN, Circuit Judge:

In a symbolic sense, the procedural issue we now consider may provide in the 1980’s a close resemblance to the land rush when the Oklahoma Territories were opened.

It concerns judicial review of extensive amendments proposed on August 21, 1978 to regulations of the United States Environmental Protection Agency (“EPA”) governing the National Pollutant Discharge Elimination System (“NPDES”) permit program under the Clean Water Act (“CWA”). 43 Fed.Reg. 37078-37134. The amended regulations were formally promulgated on June 7, 1979. 44 Fed.Reg. 32854-32956.

Almost…