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MANATEE CTY., FLA. v. TRAIN

No. 76-4115.

583 F.2d 179 (1978)

MANATEE COUNTY, FLORIDA, Plaintiff-Appellee, v. Russell E. TRAIN, as Administrator of the United States Environmental Protection Agency, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 3, 1978.

Attorney(s) appearing for the Case

John L. Briggs, U. S. Atty., Jacksonville, Fla., Eleanore J. Hill, Asst. U. S. Atty., Tampa, Fla., Paul M. Kaplow, Atty, Dept. of Justice, Washington, D. C., Frances E. Phillips, Regional Counsel, Environmental Protection Agency, Atlanta, Ga., Peter R. Taft, Asst. Atty. Gen., Edmund B. Clark, Carl Strass, Land & Nat. Res. Div., Dept. of Justice, App. Sect., Washington, D. C., for defendant-appellant.

Paul E. Logan, Warren M. Goodrich, Bradenton, Fla., for plaintiff-appellee.

Before RONEY, TJOFLAT and HILL, Circuit Judges.

RONEY, Circuit Judge:

In April 1971, plaintiff Manatee County, Florida, was awarded a federal grant of 33% of the cost of construction of a sewage treatment plant. In 1972, a statutory amendment increased the possible federal participation to 75% of the cost, conditioned on a state board certification as to need. The sole issue in this case of first impression is whether a district court may properly order the Administrator of the Environmental Protection Agency to...

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