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PEABODY COAL COMPANY v. TRAIN

No. 74-1619.

518 F.2d 940 (1975)

PEABODY COAL COMPANY, Petitioner, v. Russell E. TRAIN, Administrator, Environmental Protection Agency, Respondent.

United States Court of Appeals, Sixth Circuit.

Rehearing Denied September 10, 1975.

Attorney(s) appearing for the Case

John W. Edwards, Lane, Alton & Horst, Columbus, Ohio, Daniel M. Hall, St. Louis, Mo., for petitioner.

Allen Kirk, Gen. Counsel EPA, Washington, D. C., Wallace H. Johnson, Asst. Atty. Gen., Edmund B. Clark, Bruce J. Chasan, Dept. of Justice, Washington, D. C., for respondent.

Before WEICK, EDWARDS and PECK, Circuit Judges.

EDWARDS, Circuit Judge.

In this action, filed originally in this court, petitioner, Peabody Coal, attacks the procedures by which Russell E. Train, Administrator of the United States Environmental Protection Agency has undertaken to inaugurate enforcement of environmental protection standards through a state permit program submitted to the Administrator by the Governor of Ohio under Section 402(b) of the Federal Water Pollution Control Act Amendments of 1972, 33 U...

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