National Asphalt Pavement Association v. Train

by the United States Court of Appeals for the District of Columbia Circuit

539 F.2d 775

NATIONAL ASPHALT PAVEMENT ASSOCIATION, A MARYLAND NOT-FOR-PROFIT CORPORATION, PETITIONER, WARREN BROTHERS COMPANY, A DIVISION OF ASHLAND OIL, INC. and ASHLAND OIL INC., PETITIONER,

v.

RUSSELL E. TRAIN, ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT

No. 74-1332, 74-1388

United States Court of Appeals,
District of Columbia Circuit.

October 22, 1975, Argued
July 21, 1976, Decided

Petition for Review of an Order of the Environmental Protection Agency.

T. Neal Combs, with whom George D. Webster and William I. Althen were on the brief, for Petitioner in No. 74-1332.

Theodore L. Garrett, with whom H. Edward Dunkelberger, Jr. and John P. Rupp, were on the brief, for Petitioner in No. 74-1388.

William L. Want, Attorney, Department of Justice, and Jeffrey O. Cerar, Attorney, Environmental Protection Agency, of the bar of the Court of Appeals of New York, pro hac vice by special leave of court, with whom Wallace H. Johnson, Assistant Attorney General, Robert V. Zener, General Counsel, Environmental Protection Agency, Edmund B. Clark, Martin Green and James R. Walpole, Attorneys, Department of Justice, were on the brief, for Respondents.

McGowan and MacKinnon, Circuit Judges and James B. McMillan,^[1] United States District Judge for the Western District of North Carolina. Opinion for the Court filed by Circuit Judge McGowan.

Footnotes

1. Sitting by designation pursuant to Title 28, U.S. Code, Section 292(d).