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PEOPLE OF STATE OF CAL. v. UNITED STATES E. P. A.

No. 81-2043.

689 F.2d 217 (1982)

PEOPLE OF the STATE OF CALIFORNIA, Appellant, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 17, 1982.

Attorney(s) appearing for the Case

William D. Cunningham, Deputy Atty. Gen. of California, Sacramento, Cal., with whom George Deukmejian, Atty. Gen. and R. H. Connett, Asst. Atty. Gen. of California, Sacramento, Cal., were on the brief, for appellants.

Albert M. Ferlo, Jr., Attorney, Dept. of Justice with whom Edward J. Shawaker, Attorney, Dept. of Justice was on the brief, for appellees.

Before ROBB, Senior Circuit Judge; and BORK, Circuit Judge and JAMES F. GORDON, Senior District Judge for the Western District of Kentucky.

Opinion for the Court filed by Senior District Judge JAMES F. GORDON.

JAMES F. GORDON, Senior District Judge:

In this appeal, the State of California challenges the Environmental Protection Agency's (hereinafter, EPA) deferral of funding for two advance waste treatment projects located in California. California applied to EPA for federal grants under the Clean Water Act, 33 U.S.C. § 1251 et seq., to finance the two projects. EPA deferred funding...

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