NATURAL RESOURCES DEFENSE COUNCIL, INC. v. COSTLE

No. 75-1873.

564 F.2d 573 (1977)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Environmental Defense Fund, Inc. v. Douglas M. COSTLE, Administrator, Environmental Protection Agency, et al., National Forest Products Association, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 6, 1977.


Attorney(s) appearing for the Case

Francis M. Shea, Washington, D. C., with whom Richard T. Conway, David Booth Beers, I. Michael Greenberger, Joseph B. McGrath, Richard Wasserstrom, Washington, D. C., and Stuart A. Heller, Tacoma, Wash., were on the brief for appellant.

Daniel M. Lewis, Washington, D. C., with whom Peter T. Grossi, Jr., and J. G. Speth, Washington, D. C., were on the brief for appellee Natural Resources Defense Council.

Larry A. Boggs, Atty., Dept. of Justice, Washington, D. C., with whom Peter R. Taft, Asst. Atty. Gen. and Edmund B. Clark, Atty., Dept. of Justice, Washington, D. C., were on the brief for federal appellees. Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for federal appellees.

James E. Ryan, Jr., Asst. Atty. Gen., Commonwealth of Virginia, Richmond, Va., filed a brief on behalf of the Commonwealth of Virginia as amicus curiae, urging reversal.

Theodore O. Torve, Asst. Atty. Gen., State of Washington, Olympia, Wash., filed a brief on behalf of the State of Washington as amicus curiae, urging reversal.

Before McGOWAN, LEVENTHAL and ROBB, Circuit Judges.


Opinion for the Court filed by ROBB, Circuit Judge.

ROBB, Circuit Judge:

The Natural Resources Defense Council and the Environmental Defense Fund (referred to collectively as NRDC) brought an action in the District Court seeking (1) a declaratory judgment construing section 208 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1288, and (2) an order directing the Administrator of the...

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