ALLEGHENY COUNTY SANITARY AUTHORITY, Bangor Borough Authority, Hampton Township Sanitary Authority, Township of Horsham Sewer Authority, Municipality of Penn Hills, South Strabane Township Sanitary Authority, York Township Water and Sewer Authority, Wyoming Valley Sanitary Authority, York City Sewer Authority, Township of South Fayette, Dover Township Sewer Authority, Borough of Littlestown, Township of Peters and Peters Township Municipal Authority, St. Thomas Township Municipal Authority, Plaintiff Intervenors,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA), Ann Gorsuch, EPA Administrator, Peter Bibko, Regional Administrator for EPA Region III, Greene A. Jones, Director, Water Division, EPA Region III, Joseph Galda, Chief of the Pennsylvania-West Virginia Branch, Water Program Division of EPA Region III, The Pennsylvania Department of Environmental Resources, (DER), Peter Duncan, Secretary of DER, Richard M. Boardman, Associate Deputy Secretary, Office of Environmental Management, DER, Daniel B. Brawbaugh, Chief, Division of Municipal Facilities and Grants, Bureau of Water Quality Management, DER, Anthony Maisano, Chief, Administrative Sections Bureau of Water Quality Management, DER, and Timothy V. Dreier, Chief, Southwestern Regional Grants Section, Bureau of Water Quality Management, DER, Commonwealth of Pennsylvania, Legislative Reference Bureau, Fry Communications, and Pennsylvania Department of General Services, Borough of Galeton and Galeton Borough Authority, Harrisburg Sewerage Authority, City of Lancater Sewer Authority, City of Philadelphia, Borough of Hanover, Limerich Township Municipal Authority, Defendant Intervenors,
Appeal of ALLEGHENY COUNTY SANITARY AUTHORITY, in Nos. 83-5338; 83-5345.
Appeal of TOWNSHIP OF SOUTH FAYETTE, in Nos. 83-5429; 83-5430.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued January 26, 1984.
Decided April 20, 1984.
As Amended May 20, 1984.
Attorney(s) appearing for the Case
Robert P. Casey (argued), Thomas I. Vanaski, Dilworth, Paxson, Kalish & Kauffman, Scranton, Pa., F. Regan Nerone, Pittsburgh, Pa., for appellant Allegheny County Sanitary Authority.
J. Carol Williams (argued), Martin W. Matzen, Dean K. Dunsmore, F. Henry Habicht, U.S. Dept. of Justice, Washington, D.C., for appellees U.S. EPA; A. James Barnes, Acting Gen. Counsel, Sylvia Horwitz, U.S. EPA, Washington, D.C., John D. Cooper, U.S. EPA, Philadelphia, Pa., of counsel.
Raymond L. Hovis, Stock & Leader, York, Pa., for plaintiff intervenor York Tp. Water and Sewer Authority.
Edward Rubin, Hamburg, Rubin, Mullin & Maxwell, Landsdale, Pa., for plaintiff intervenor Tp. of Horsham Sewer Authority.
James J. Kutz (argued), Allen C. Warshaw, Deputy Attys. Gen., LeRoy S. Zimmerman, Atty. Gen., Robert Alder, Maxine Woelfling, Asst. Attys. Gen., Dept. of Environmental Resources, Harrisburg, Pa., for appellee Pennsylvania Dept. of Environmental Resources.
David William Bupp, Blakey, Yost, Bupp & Kilgore, York, Pa., for plaintiff intervenor York City Sewer Authority.
August C. Damian, Damian & DeLuca, Pittsburgh, Pa., for plaintiff intervenor Municipality of Penn Hills.
John C. Sullivan, Craig J. Staudenmaier, Nauman, Smith, Shissler & Hall, Harrisburg, Pa., for appellee Harrisburg Sewerage Authority.
Timothy P. O'Reilly, McArdle, Caroselli, Spagnolli & Beachler, Pittsburgh, Pa., for plaintiff intervenor South Fayette Tp.
Marguerite R. Goodman, John J. DiBernardi, Jr., City of Philadelphia, Law Dept., Philadelphia, Pa., for defendant intervenor City of Philadelphia.
Robert H. Long, Jr., David F. O'Leary, Rhoads, Sinon & Hendershot, Harrisburg, Pa., for Borough of Galeton, City of Lancaster Sewer Authority, St. Thomas Tp. Mun. Authority, Tp. of Peters, Peters Tp. Mun. Authority, Limerich Tp. Mun. Authority.
Michael D. Bull, Blakinger, Grove & Chillas, P.C., Lancaster, Pa., for defendant intervenor City of Lancaster Sewer Authority.
Before HUNTER and WEIS, Circuit Judges, and GERRY, District Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
WEIS, Circuit Judge.
In this appeal we determine that a state agency and its officials may not be sued in federal court on alleged violations of state law and that no federal right of action against those defendants was created by the Water Pollution Control Act. We also conclude that the Act preempts the claim made by the plaintiff against the federal Environmental Protection Agency under...
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