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SARASOTA, FLA. v. E.P.A.

No. 85-3637.

799 F.2d 674 (1986)

SARASOTA, FLORIDA, a city and a political subdivision of the State of Florida, Plaintiff-Appellant, v. ENVIRONMENTAL PROTECTION AGENCY, as Executive Branch of the United States, of the United States Environmental Protection Agency and not personally, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 15, 1986.

Attorney(s) appearing for the Case

Christopher L. Rissetto, Michael K. Love, Joseph M. Zorc, John S. Pachter, Daniel E. Toomey, Vienna, Va., Edward de la Parte, Jr., Tampa, Fla., Richard J. Taylor, Sarasota, Fla., for plaintiff-appellant.

John T. Stahr, Dirk D. Snel, Washington, D.C., for defendants-appellees.

Before HILL, Circuit Judge, HENDERSON and BROWN, Senior Circuit Judges.

JOHN R. BROWN, Circuit Judge:

In this case, we are called upon to decide whether an unsuccessful Clean Water Act grant applicant can pursue a remedy against the Environmental Protection Agency (EPA) in the District Court or must resort to the Claims Court for relief. Presented to us is the converse of the more typical situation in which EPA hales the procrastinating polluter into court for failing to meet federal discharge permit requirements. Instead, the City of...

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