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NATURAL RESOURCES v. ENVIRONMENTAL

Nos. 85-1839, 85-1854.

812 F.2d 721 (1987)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and Lee M. Thomas, Administrator, Respondents. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided February 27, 1987.

Attorney(s) appearing for the Case

Jacqueline M. Warren, New York City, for petitioner, NRDC, Inc., in No. 85-1839. Jane L. Bloom, New York City, also entered an appearance for petitioner in No. 85-1839.

John Harleston, Staff Counsel, State of South Carolina, with whom Walton J. McLeod, III, General Counsel, State of South Carolina, Columbia, S.C., was on the brief for petitioner, South Carolina Department of Health & Environmental Control in No. 85-1854.

John A. Amodeo, Atty., Dept. of Justice, with whom Francis S. Blake, General Counsel and Kenneth F. Gray, Atty., E.P.A., Washington, D.C., were on the brief for respondents in Nos. 85-1839 and 85-1854.

Before RUTH B. GINSBURG, BORK and BUCKLEY, Circuit Judges.

Opinion PER CURIAM.

PER CURIAM:

Natural Resources Defense Council (NRDC) and South Carolina Department of Health and Environmental Control (DHEC) challenge an Environmental Protection Agency (EPA) rule, effective December 16, 1985, establishing a recommended maximum contaminant level (RMCL) under the Safe Drinking Water Act (SDWA) for fluoride in drinking water. EPA set the level at 4 mg fluoride per liter. NRDC contends that the agency shirked its statutory...

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