MONTGOMERY ENVIRONMENTAL COALITION v. COSTLE

Nos. 79-1183, 79-1576.

646 F.2d 568 (1980)

MONTGOMERY ENVIRONMENTAL COALITION et al., Petitioners, v. Douglas M. COSTLE, Administrator Environmental Protection Agency, Respondent, Washington Suburban Sanitary Commission, Maryland Dept. of Natural Resources, Intervenors. MONTGOMERY ENVIRONMENTAL COALITION, INC., et al., Petitioners, v. Douglas M. COSTLE, Administrator Environmental Protection Agency, Respondent, Prince George's County, Md., Washington Suburban Sanitary Commission, District of Columbia, State of Maryland, Dept. of Natural Resources, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 8, 1980.


Attorney(s) appearing for the Case

Richard A. Flye, Washington, D. C., with whom Herbert L. Fenster, Joe G. Hollingsworth, Washington, D. C., and William H. Rodgers, Jr., Pittsburgh, Pa., were on brief, for petitioners.

Nancy J. Marvel, Atty., Dept. of Justice, with whom Angus MacBeth, Acting Asst. Atty. Gen., Donald W. Stever, Jr., Atty., Dept. of Justice, and Diane L. Olsson, Atty., Environmental Protection Agency, Washington, D. C., were on brief, for respondent. James W. Moorman, Atty., Dept. of Justice, and John E. Varnum, Washington, D. C., Atty., Environmental Protection Agency, also entered appearances for respondents.

Henderson J. Brown, Hyattsville, Md., was on brief, for intervenor, Washington Suburban Sanitary Commission, J. Eugene Cleary, Laurel, Md., also entered an appearance for intervenor, Washington Suburban Sanitary Commission.

Richard E. Rice, and Thomas A. Deming, Asst. Attys. Gen., Annapolis, Md., State of Maryland, also entered appearances for intervenor, Maryland Dept. of Natural Resources.

Judith W. Rogers, Corp. Counsel, and John C. Salyer, Asst. Corp. Counsel, Washington, D. C., also entered appearances for intervenor, District of Columbia in No. 79-1576 only.

Richard S. Alper, Upper Marlboro, Md., also entered an appearance for intervenor, Prince George's County, Maryland.

Before MacKINNON, WALD and MIKVA, Circuit Judges.


Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

The Montgomery Environmental Coalition and the Center for Environmental Strategy petition this court for review of a decision by the Environmental Protection Agency approving the terms of permits issued to two sewage treatment plants that discharge pollutants into the Potomac River and its tributaries. Petitioners consider the conditions of...

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