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E. I. DU PONT DE NEMOURS & CO. v. TRAIN

No. 75-978.

430 U.S. 112 (1977)

E. I. DU PONT DE NEMOURS & CO. ET AL. v. TRAIN, ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY, ET AL.

Supreme Court of United States.

Decided February 23, 1977.

Attorney(s) appearing for the Case

Robert C. Barnard argued the cause for petitioners in Nos. 75-978 and 75-1473 and for respondents in No. 75-1705. With him on the briefs was Charles F. Lettow.

Deputy Solicitor General Friedman argued the cause for respondents in Nos. 75-978 and 75-1473 and for petitioner in No. 75-1705. With him on the briefs were Solicitor General Bork, Assistant Attorney General Taft, Howard E. Shapiro, Edmund B. Clark, Kathryn A. Oberly, and Alan W. Eckert.†

George C. Freeman, Jr., and Henry V. Nickel filed a brief for the Appalachian Power Co. et al. as amici curiae in Nos. 75-1473 and 75-1705 urging affirmance.

Briefs of amici curiae in No. 75-978 were filed by Thomas H. Truitt for the American Paper Institute, and by Edward L. Strohbehn, Jr., for the Natural Resources Defense Council, Inc.

MR. JUSTICE STEVENS delivered the opinion of the Court.

Inorganic chemical manufacturing plants operated by the eight petitioners in Nos. 75-978 and 75-1473 discharge various pollutants into the Nation's waters and therefore are "point sources" within the meaning of the Federal Water Pollution Control Act (Act), as added and amended by § 2 of the Federal Water Pollution Control Act Amendments of 1972, 86 Stat. 816, 33...

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