MONONGAHELA POWER COMPANY, et al.
v.
John O. MARSH, Jr., Secretary, Department of the Army, et al., Appellants,
Federal Energy Regulatory Commission, Intervenor.
MONONGAHELA POWER COMPANY, et al.
v.
John O. MARSH, Jr., Secretary, Department of the Army, et al., The Sierra Club, et al., Appellants,
Federal Energy Regulatory Commission, Intervenor.
MONONGAHELA POWER COMPANY, et al.
v.
John O. MARSH, Jr., State of West Virginia, Appellant,
Federal Energy Regulatory Commission, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued June 18, 1982.
Decided January 13, 1987.
Attorney(s) appearing for the Case
James C. Kilbourne, Atty., Dept. of Justice, with whom Carol E. Dinkins, Asst. Atty. Gen., Anne S. Almy and Peter R. Steenland, Jr., Attys., Dept. of Justice, Washington, D.C., were on the brief, for John O. Marsh, Jr., Secretary, Dept. of the Army, et al., appellants in No. 81-1201 and appellees in Nos. 81-1203 and 81-1282.
Ronald J. Wilson, Washington, D.C., for Sierra Club, et al., appellants in Nos. 81-1201 and 81-1203 and appellees in No. 81-1282.
Dennis M. Abrams, Deputy Atty. Gen., State of W. Va., with whom Chauncey H. Browning, Atty. Gen., State of W. Va., Charleston, W.Va., was on the brief, for State of W. Va., appellant in No. 81-1282 and appellee in Nos. 81-1201 and 81-1203.
David I. Granger, with whom Barry J. Israel, Washington, D.C., was on the brief, for Monongahela Power Co., Washington, D.C., et al., appellees in Nos. 81-1201, 81-1203, and 81-1282.
Andrea Wolfman, Atty., F.E.R.C., with whom Charles A. Moore, Gen. Counsel, and Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., were on the brief, for F.E.R.C., intervenor in Nos. 81-1201, 81-1203, and 81-1282.
Before ROBINSON, Circuit Judge, BAZELON, Senior Circuit Judge, and GASCH, Senior District Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SPOTTSWOOD W. ROBINSON, III.
SPOTTSWOOD W. ROBINSON, III, Circuit Judge:
The Federal Water Pollution Control Act Amendments of 1972,1 in Section 301(a), make generally unlawful the discharge of any pollutant into the navigable waters of the United States.2 This legislation, however, in Section 404(a), authorizes the Secretary of the Army, acting through the...
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