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National Indep. Meat Packers Ass'n v. EPA

ELR Citation: 8 ELR 20045
Nos. No. 74-1387, 566 F.2d 41/10 ERC 2052/(8th Cir., 11/10/1977)

The court dismisses a petition for review of Environmental Protection Agency regulations establishing effluent limitations under the Federal Water Pollution Control Act Amendments of 1972 for slaughterhouses and meat packing plants. Essentially all of petitioners' technical challenges to the regulations were presented to the Seventh Circuit in American Meat Institute v. EPA, 526 F.2d 442, 6 ELR 20029 (7th Cir. 1975). Noting that uniform regulation of water pollution was a major purpose of the FWPCA, the court concludes that it should defer to the judgment of the Seventh Circuit as to the validity of the challenged limitations.

Counsel for Petitioners
G. Robert Johnson
Popham, Haik, Schnobrich, Kaufman & Doty
4344 IDS Center, Minneapolis MN 55402
(612) 335-9331

Counsel for Respondents
James A. Rogers, Deputy Assoc. General Counsel
Environmental Protection Agency, Washington DC 20460
(202) 755-2500

Lloyd S. Guerci
Land & Natural Resources Division
Department of Justice, Washington DC 20530
(202) 739-2717

Gibson, C.J.: joined by Lay and Heaney, JJ.