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GONZALES v. GORSUCH

No. 78-3729.

688 F.2d 1263 (1982)

Robert E. GONZALES, et al., Plaintiffs-Appellants, v. Ann McGill GORSUCH, Administrator of the United States Environmental Protection Agency, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1982.

Attorney(s) appearing for the Case

Robin L. Rivett, Sacramento, Cal., for plaintiffs-appellants.

Jacques B. Gelin, Dept. of Justice, Washington, D.C., argued, for defendants-appellees; John Evans, Benner, Harris & Evans, Berkeley, Cal., Francis B. Boone, Asst. U.S. Atty., San Francisco, Cal., on brief.

Before WALLACE and KENNEDY, Circuit Judges, and BURNS, District Judge.

KENNEDY, Circuit Judge:

This suit challenges the propriety of expenditures approved by the Environmental Protection Agency [EPA] and made by the Association of Bay Area Governments [ABAG].1 ABAG made the expenditures pursuant to a workplan under section 208 of the Federal Water Pollution Control Act (herein the Clean Water Act), 33 U.S.C. § 1288 (1976). EPA funded the plan through a $4.3 million grant authorized under

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