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EPA v. NATIONAL CRUSHED STONE ASSN.

No. 79-770.

449 U.S. 64 (1980)

ENVIRONMENTAL PROTECTION AGENCY v. NATIONAL CRUSHED STONE ASSOCIATION ET AL.

Supreme Court of United States.

Decided December 2, 1980.

Attorney(s) appearing for the Case

Andrew J. Levander argued the cause pro hac vice for petitioners. With him on the briefs were Solicitor General McCree, Acting Assistant Attorney General MacBeth, and Michele B. Corash.

George C. Freeman, Jr., argued the cause for respondents Consolidation Coal Co. et al. Theodore L. Garrett argued the cause for respondents National Crushed Stone Association et al. With Messrs. Freeman and Garrett on the brief were Michael B. Barr, Robert F. Stauffer, Lawrence A. Demase, Frank J. Clements, and Ronald R. Janke.†

William W. Becker filed a brief for the New England Legal Foundation as amicus curiae urging affirmance.

JUSTICE WHITE delivered the opinion of the Court.

In April and July 1977, the Environmental Protection Agency (EPA), acting under the Federal Water Pollution Control Act (Act), as amended, 86 Stat. 816, 33 U. S. C. § 1251 et seq., promulgated pollution discharge limitations for the coal mining industry and for that portion of the mineral mining and processing industry comprising the crushed-stone, construction-sand, and gravel categories.

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