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CAPE MAY GREENE, INC. v. WARREN

Nos. 82-5203, 82-5326.

698 F.2d 179 (1983)

CAPE MAY GREENE, INC., a corporation of the State of New Jersey v. Charles S. WARREN, individually and as Regional Administrator of the United States Environmental Protection Agency, Steven Y. Arella, individually and as Chief, New Jersey/Puerto Rico Section of the Environmental Impacts Branch of the Environmental Protection Agency, Paul Molinari, individually and as Section Chief, New Jersey/Caribbean Water Programs Branch of the Environmental Protection Agency, the Environmental Protection Agency, as administrative agency of the United States of America, the City of Cape May, a municipal corporation of the State of New Jersey, the Cape May County Utilities Authority, a body corporate of the States of New Jersey, and the New Jersey Department of Environmental Protection, an administrative agency of the State of New Jersey, jointly, severally and in the alternative, Natural Resources Defense Council, Inc., National Wildlife Federation, American Littoral Society, New Jersey State Federation of Sportsmen's Clubs, New Jersey Conservation Foundation and Atlantic Audubon Society, Intervenors as Party Defendants. Appeal of CAPE MAY GREENE, INC.

United States Court of Appeals, Third Circuit.

Decided January 10, 1983.

Attorney(s) appearing for the Case

Robert V. Zener (argued), Pepper, Hamilton & Scheetz, Washington, D.C., Norman Zlotnick, Bloom & Zlotnick, Atlantic City, N.J., for appellant Cape May Greene, Inc.

Norton F. Tennille, Jr., Arnold & Porter, Washington, D.C., Gerald E. Haughey, Brandt, Haughey, Penberthy & Lewis, Haddonfield, N.J., for intervenor-appellees, National Wildlife Federation, Natural Resources Defense Council, Inc., American Littoral Society.

Carol E. Dinkins, Asst. Atty. Gen., Donald W. Stever, Jr., Jacques B. Gelin, Rosanne Mayer (argued), Dept. of Justice, Washington, D.C., Robert M. Perry, Associate Adm. for Legal and Enforcement Policy and Gen. Counsel, Lee A. DeHihns, Environmental Protection Agency, Washington, D.C., for Federal appellees.

James J. Seeley (argued), Stanger & Seeley, Bridgeton, N.J., for appellee Cape May County Municipal Utilities Authority.

John V. Van Dalen, Deputy Atty. Gen., State of N.J., Trenton, N.J., for appellee State of New Jersey.

Before WEIS, BECKER and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

Finding that circumstances warranted an exception to its general prohibition against floodplain development, New Jersey granted permission for construction of dwelling units in a seaside community. The federal Environmental Protection Agency later agreed to grant funds for the construction of an indispensable sewage treatment plant in the area, but only on the condition that no hookups be permitted to the proposed...

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