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Legal Opinion

Appalachian Power Co. v. Train

Court of Appeals for the Fourth Circuit

Decided April 28, 1980No. 74-2096PublishedCited by 13 opinions

1Opinion of the Court

WIDENER, Circuit Judge:

These actions arise because of EPA amending its regulations to comply with our mandate in Appalachian Power Co. v. Train, 545 F.2d 1351 (4th Cir. 1976). In Appalachian Power, approximately seventy power companies sought review of the Environmental Protection Agency’s (EPA) regulations promulgated under authority of the Federal Water Pollution Control Act (Act).1 The power companies now challenge EPA’s amendments to parts of 40 CFR Part 4232 on grounds that they do not fully comply with Appalachian Power. Part 423 sets out the best practicable technology (BPT) limitation…

2Cases cited13 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. E. I. Du Pont De Nemours & Co. v. TrainSupreme Court of the United States · 1977
  3. Union Pacific Railroad v. Laramie Stock Yards Co.Supreme Court of the United States · 1913
  4. Appalachian Power Company v. Russell E. Train, as Administrator Environmental Protection Agency, Alabama Power Company, IntervenorsCourt of Appeals for the Fourth Circuit · 1976
  5. E. I. Dupont De Nemours & Company v. Russell E. Train, as Administrator of the Environmental Protection AgencyCourt of Appeals for the Fourth Circuit · 1976

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3Cited by13 opinions

  1. Chemical Manufacturers Ass'n v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1985
  2. National Ass'n of Metal Finishers v. Environmental Protection AgencyCourt of Appeals for the Third Circuit · 1983
  3. Bernstein v. Gailey (In Re Gailey, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1990
  4. National Association of Metal Finishers, Electroplaters of York, Inc. And Pioneer Metal Finishing, Inc. v. Environmental Protection Agency, the Institute for Interconnecting and Packaging Electronic Circuits v. Environmental Protection Agency, Ford Motor Company, Inc. v. United States Environmental Protection Agency and Douglas M. Costle, Administrator, United States Environmental Protection Agency, Natural Resources Defense Council, Inc., Intervenor. National Association of Metal Finishers and Institute for Interconnecting and Packaging Electronic Circuits v. Environmental Protection Agency, General Motors Corporation v. United States Environmental Protection Agency and Walter Barber, Acting Administrator, United States Environmental Protection Agency, Natural Resources Defense Council, Inc., Intervenor. Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, Douglas M. Costle, Administrator, U.S. Environmental Protection Agency, Chemical Manufacturers Association, American Cyanamid Company, Fmc Corporation, Union Carbide Corporation, Intervenors. United States Brewers Association v. Administrator, Environmental Protection Agency, and Environmental Protection Agency, Natural Resources Defense Council, Inc., Intervenor. Manufacturing Chemists Association, American Paper Institute, National Forest Products Association, National Paint and Coatings Association, Synthetic Organic Chemical Manufacturers Association, Air Products and Chemicals, Inc., American Cyanamid Company, Fmc Corporation, Hercules Incorporated, Shell Oil Company, and Union Carbide Corporation v. Environmental Protection Agency, Natural Resources Defense Council, Inc., Intervenor. Association of Metropolitan Sewerage Agencies v. United States Environmental Protection Agency, Natural Resources Defense Council, Inc., Intervenor. National Association of Metal Finishers v. Environmental Protection Agency, Natural Resources Defense Council, Inc., Intervenor. Chemical Manufacturers Association, American Cyanamid Company, Fmc Corporation, Union Carbide Corporation v. Environmental Protection Agency, Natural Resources Defense Council, Inc., Intervenor. American Paper Institute and National Forest Products Association v. Environmental Protection Agency, Natural Resources Defense Council, Inc., Intervenor. Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, Chemical Manufacturers Association, American Cyanamid Company, Fmc Corporation, Union Carbide Corporation, Intervenors. Metal Finishing Association of Southern California v. Environmental Protection Agency, Interlake, Inc., Republic Steel Corporation and United States Steel Corporation v. United States Environmental Protection Agency, Natural Resources Defense Council, Inc., Intervenor, American Iron & Steel Institute, Rouge Steel Co., Intervenors. Chicago Association of Commerce and Industry, Illinois Manufacturers' Association, and Mid-American Legal Foundation v. United States Environmental Protection Agency, Natural Resources Defense Council, Inc., IntervenorCourt of Appeals for the Third Circuit · 1983
  5. Rowson v. County of Arlington, Va.District Court, E.D. Virginia · 1992

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