NATURAL RESOURCES v. U. S. ENVIRON. PROTECTION

Nos. 79-1639, 79-1934, 79-1935 and 79-2360.

656 F.2d 768 (1981)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner, v. U. S. ENVIRONMENTAL PROTECTION AGENCY and Douglas M. Costle, Administrator, U. S. Environmental Protection Agency, Respondents, City of Skagway, Marina County Water District, City of Wrangell, Alaska, Intervenors. PACIFIC LEGAL FOUNDATION, a nonprofit California Corporation, Petitioner, v. Douglas M. COSTLE, in his official capacity as Administrator of the United States Environmental Protection Agency, Respondent. CITY OF SKAGWAY, a municipality, and Marina County Water District, a public agency, Petitioners, v. Douglas M. COSTLE, in his official capacity as Administrator of the United States Environmental Protection Agency, and U. S. Environmental Protection Agency, Respondents. The MUNICIPALITY OF ANCHORAGE, ALASKA, Petitioner, v. Douglas M. COSTLE, in his official capacity as Administrator of Environmental Protection Agency, and U. S. Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 7, 1981.


Attorney(s) appearing for the Case

Stephen H. Schroeder, Washington, D. C., with whom Ronald J. Wilson, Washington, D. C., was on the brief for petitioner Natural Resources Defense Council, Inc. in No. 79-1639.

Robert K. Best, Sacramento, Cal., with whom Robert A. Zumbrun, David M. Shell, Sacramento, Cal., Raymond M. Momboisse and Eileen B. White, Washington, D. C., were on the brief for petitioners in Nos. 79-1934 and 79-1935, and intervenors, Marina County Water District, et al. in No. 79-1639.

Lee C. White, with whom Robert J. Saner, II, John McElroy Atkisson and Kenneth Norman, were on the brief for petitioner Municipality of Anchorage, Alaska in No. 79-2360.

Nancy S. Bryson, Atty., Dept. of Justice and Bethami Auerbach, Atty., E. P. A. of the bar of the District of Columbia Court of Appeals pro hac vice by special leave of Court, Washington, D. C., with whom James W. Moorman, Asst. Atty. Gen., Angus MacBeth, Deputy Asst. Atty. Gen., Donald W. Stever, Jr., Atty., Dept. of Justice, Washington, D. C., were on the brief for respondents. John Hammock and Joan M. Cloonan, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondents.

Before LUMBARD, Senior Circuit Judge for the United States Court of Appeals for the Second Circuit, and ROBB and GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROBB.

ROBB, Circuit Judge:

In this case the petitioners challenge regulations promulgated by the Administrator of the Environmental Protection Agency (EPA) to implement section 1311(h), 33 U.S.C. § 1311(h) (Supp. II 1978), of the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. (1976) (the Act). Section 1311(b)(1)(B) of the Act required municipal sewage plants to achieve a minimum sewage...

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