SHANTY TOWN ASSOCIATES LIMITED PARTNERSHIP, Plaintiff-Appellant,
v.
ENVIRONMENTAL PROTECTION AGENCY; Worcester County Sanitary Commission; State of Maryland, Department of the Environment, Defendants-Appellees,
Natural Resources Defense Council; Chesapeake Bay Foundation, Inc.; Environmental Policy Institute; Committee to Preserve Assateague Island, Inc.; National Parks & Conservation Association; Worcester Environmental Trust; Worcester Environmental Protection Fund, Inc.; Maryland Conservation Council; Maryland Wetlands Committee; Coalition of O.C. Civic Organizations; Maryland Ornithological Society, Inc.; Maryland Wildlands Committee; Audubon Naturalist Society of the Central Atlantic States, Inc., Amici Curiae,
James M. Seif, individually and as Regional Administrator of the U.S. Environmental Protection Agency; William M. Eichbaum, individually and as Assistant Secretary, Department of Health and Mental Hygiene, Richard B. Sellars, Jr., individually and as Director, Water Management Administration; Worcester County Sanitary District, Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued January 6, 1988.
Decided April 4, 1988.
Attorney(s) appearing for the Case
Raymond Stevens Smethurst, Jr. (Barbara R. Trader; Adkins, Potts & Smethurst, Salisbury, Md., on brief), for plaintiff-appellant.
Laura Emily Frossard, Dept. of Justice, Washington, D.C., (J. Joseph Curran, Jr., Atty. Gen., Baltimore, Md., Roger J. Marzulla, Acting Asst. Atty. Gen., Washington, D.C., Richard M. Hall, Asst. Atty. Gen., Baltimore, Md., Lydia Duff, Maryland Dept. of the Environment, Dirk D. Snel, Dept. of Justice, Francis S. Blake, Gen. Counsel, Washington, D.C., Stephen G. Pressman, U.S.E.P.A., Atlanta, Ga., on brief), for defendants-appellees.
(Timothy J. Lindon, Arnold & Porter, Washington, D.C., on brief), for amici curiae Natural Resources Defense Council, Inc., Chesapeake Bay Foundation, Inc., Environmental Policy Institute, Committee to Preserve Assateague Island, Inc., National Parks and Conservation Ass'n, Worcester Environmental Trust, Worcester Environmental Protection Fund, Inc., Maryland Conservation Council, Maryland Wetlands Committee, Coalition of O.C. Civic Associations, Maryland Ornithological Soc., Inc., Maryland Wildlands Committee and Audubon Naturalist Soc. of the Central Atlantic States, Inc.
Before WINTER, Chief Judge, and PHILLIPS and MURNAGHAN, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
JAMES DICKSON PHILLIPS, Circuit Judge:
This action by a developer challenges the Environmental Protection Agency's imposition of certain restrictive conditions upon funds it granted to a municipality for the construction of a sewage collection system under the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. §§ 1251-1376. The district court rejected the challenge. Because we conclude that EPA had statutory authority to impose the grant conditions in...
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