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PUERTO RICO AQUEDUCT AND SEWER AUTH. v. U.S. E.P.A.

No. 93-2340.

35 F.3d 600 (1994)

PUERTO RICO AQUEDUCT AND SEWER AUTHORITY, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, First Circuit.

Decided August 31, 1994.

Attorney(s) appearing for the Case

Neil T. Proto, with whom John B. Britton, Lisa K. Hsiao, Verner, Liipfert, Bernhard, McPherson & Hand, Chartered, Washington, DC, Edgar Rodriguez-Mendez, San Juan, PR, and Jorge Marrero-Narvaez, Washington, DC, were on brief, for petitioner.

Michael J. Zevenbergen, Atty., U.S. Dept. of Justice Environmental Defense Section, with whom Lois J. Schiffer, Acting Asst. Atty. Gen., Stephen J. Sweeney, Office of General Counsel, EPA, and Janice Whitney, Office of Regional Counsel, EPA Region II, Washington, DC, were on brief, for respondent.

Before SELYA and CYR, Circuit Judges, and PETTINE, Senior District Judge.

SELYA, Circuit Judge.

The United States Environmental Protection Agency (EPA), respondent before us, refused to hold an evidentiary hearing regarding its determination that a facility in Mayaguez owned by petitioner, Puerto Rico Aqueduct and Sewer Authority (PRASA), must fully meet the Clean Water Act's secondary treatment requirements for publicly owned treatment works (POTWs). The gist of EPA's decision was straightforward: having previously established secondary...

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