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ENVIRONMENTAL DEFENSE FUND, INC. v. COSTLE

No. 75-2224.

578 F.2d 337 (1978)

ENVIRONMENTAL DEFENSE FUND, INC., Petitioner, v. Douglas M. COSTLE, Administrator, Environmental Protection Agency, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided February 10, 1978.

Attorney(s) appearing for the Case

Jacqueline M. Warren, Washington, D. C., for petitioner.

Erica L. Dolgin, Atty., Department of Justice, Washington, D. C., with whom Peter R. Taft, Asst. Atty. Gen. and Thomas A. Larsen, Atty., Environmental Protection Agency, Washington, D. C., were on the brief for respondent. Edmund B. Clark, Atty., Department of Justice, Washington, D. C., also entered an appearance for respondent.

Stewart H. Freeman and Gregory T. Taylor, Asst. Attys. Gen., State of Michigan, Lansing, Mich., filed a brief on behalf of Environmental Protection and Natural Resources Division of Michigan, et al. as amicus curiae urging affirmance.

John S. McCreery, Washington, D. C., filed a brief on behalf of the Illinois Environmental Protection Agency as amicus curiae urging affirmance.

Before TAMM, LEVENTHAL and MacKINNON, Circuit Judges.

LEVENTHAL, Circuit Judge:

This case calls on us to consider the duties of the Environmental Protection Agency (EPA) under the Safe Drinking Water Act1 passed on December 18, 1974.

I. INTRODUCTION

In this statute, Congress responded to accumulating evidence that our drinking water contains unsafe levels of a large variety of contaminants. The Act requires the Environmental Protection Agency to promulgate regulations restricting...

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