NATIONAL WILDLIFE FEDERATION v. GORSUCH

Civ. A. No. 79-0915.

530 F.Supp. 1291 (1982)

NATIONAL WILDLIFE FEDERATION, et al., Plaintiffs, v. Anne GORSUCH, Administrator, U. S. Environmental Protection Agency, et al., Defendants.

United States District Court, District of Columbia.

January 29, 1982.


Attorney(s) appearing for the Case

Patrick A. Parenteau, David G. Burwell, National Wildlife Federation, Washington, D. C., for plaintiffs.

Robert M. Lindholm, Jefferson City, Mo., for plaintiff intervenor State of Mo.

Fred R. Disheroon, Sr. Trial Atty., Dept. of Justice, Washington, D. C., for Anne Gorsuch in her official capacity as Administrator of the U. S. Environmental Protection Agency.

Arnold H. Quint, Washington, D. C., Turner T. Smith, Jr., Richmond, Va., for Electric Utilities-Alabama Power Co., et al.

Gerry Levenberg, Washington, D. C., for Northwest Utilities Group-Idaho Power et al.

Sam Kazman, Pacific Legal Foundation, Washington, D. C., for Ass'n of California Water Agencies (ACWA).

Robert L. McCarty, Washington, D. C., for Colorado Water Agencies-Colorado River Water Conservation Dist., et al.

Kenneth A. Rubin, James B. Vasile, Washington, D. C., for American Water Works Ass'n and Nat. Ass'n of Water Companies.

Frank E. Evans, Robert L. McCarty, Washington, D. C., for Nat. Water Resources Ass'n.


MEMORANDUM OPINION

JOYCE HENS GREEN, District Judge.

This case concerns the applicability to man-made dams of the Clean Water Act's permit system for pollutant discharges. Plaintiff National Wildlife Federation and plaintiff-intervenor State of Missouri seek a declaratory judgment that defendant Gorsuch,1 has violated her non-discretionary duty by failing to regulate the discharge of pollutants from dams under the National Pollution...

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