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CITY OF COLUMBIA, S.C. v. COSTLE

No. 81-1876.

710 F.2d 1009 (1983)

The CITY OF COLUMBIA, SOUTH CAROLINA, Appellee, v. Douglas M. COSTLE, Administrator, Environmental Protection Agency, an agency of the United States of America, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 20, 1983.

Attorney(s) appearing for the Case

Claire L. McGuire, Dept. of Justice, Washington, D.C. (Robert M. Perry, Associate Administrator and Gen. Counsel, E.P.A., Lee DeHihns, Acting Associate Gen. Counsel, E.P.A., Howard Corcoran, Attorney-Advisor, E.P.A., Washington, D.C., Andrew Robert Greene, E.P.A., Atlanta, Ga., Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., Henry Dargan McMaster, U.S. Atty., Lincoln C. Jenkins, III, Asst. U.S. Atty., Columbia, S.C., Edward J. Shawaker, Dept. of Justice, Washington, D.C., on brief), for appellant.

Roy D. Bates, City Atty., Columbia, S.C. (Leo H. Hill, Hill, Wyatt & Bannister, Greenville, S.C., on brief), for appellee.

Before WINTER, Chief Judge, RUSSELL, Circuit Judge, and FOX, District Judge.

HARRISON L. WINTER, Chief Judge:

The Administrator of the Environmental Protection Agency appeals from a judgment of the district court ruling that the City of Columbia, South Carolina, need not comply with the federal real property acquisition procedures, 42 U.S.C. §§ 4655 and 4651, in connection with an EPA construction grant for a sewer line to a wastewater facility. We reverse.

I.

On June 16, 1976, the City of Columbia adopted a resolution...

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