MONTGOMERY COUNTY v. U. S. ENV. PROTECTION AGENCY

No. 80-1782.

662 F.2d 1040 (1981)

MONTGOMERY COUNTY, Maryland, a municipal corporation, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. State of Maryland, Department of Natural Resources, Water Resources Administration,/P, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided October 13, 1981.


Attorney(s) appearing for the Case

Nathan J. Greenbaum, Rockville, Md. (Paul A. McGuckian, County Atty., Robert G. Tobin, Jr., Deputy County Atty., Carole A. Jeffries, Asst. County Atty., Rockville, Md., on brief), for petitioners Montgomery County, Maryland.

M. Brent Hare, Asst. Atty. Gen., Baltimore, Md. (Stephen H. Sachs, Atty. Gen., Thomas A. Deming, Asst. Atty. Gen., Annapolis, Md., on brief), for petitioner State of Maryland, Dept. of Natural Resources, Water Resources Administration.

John D. Cooper, Region III, Environmental Protection Agency, Philadelphia, Pa. (Michele Biegel Corash, Gen. Counsel, EPA, Mark D. Gordon, Carol E. Dinkins, Asst. Atty. Gen., Land and Natural Resources Div.; Anthony C. Liotta, Deputy Asst. Atty. Gen., Land and Natural Resources Div.; Donald W. Stever, Jr., Raymond W. Mushal, Dept. of Justice, Washington, D. C., on brief), for respondent.

Before BUTZNER, Circuit Judge, FIELD, Senior Circuit Judge, and RICHARD C. ERWIN United States District Judge for the Middle District of North Carolina, sitting by designation.


BUTZNER, Circuit Judge:

Montgomery County, Maryland,1 petitions for review of the designation of seven drainage basins in the piedmont as an aquifer pursuant to the Safe Drinking Water Act of 1974.2 Finding neither substantive nor procedural grounds for setting aside the action of the administrator of the Environmental Protection Agency, we dismiss the petition.

I

Congress passed the Safe...

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