Appalachian Power Co. v. United States Environmental Protection Agency

JAMES DICKSON PHILLIPS, Circuit Judge:

Appalachian Power Co. and other power companies (power companies) return to this court for the second time with a “Petition to Enforce This Court’s Mandate” as issued in Appalachian Power Co. v. Train, 545 F.2d 1351, 1358-60 (4th Cir. 1976) (“Appalachian Power I”). In the first Petition, they argued that the Administrator had violated the mandate by indicating that he would refuse to consider receiving water quality as a factor in evaluating any BPT variance request under the Clean Water Act, 33 U.S.C. §§ 1251 et seq. We declined to decide the issue then…