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PUBLIC SERVICE CO. OF COLORADO v. U.S. E.P.A.

No. 90-9505.

949 F.2d 1063 (1991)

PUBLIC SERVICE COMPANY OF COLORADO, FORT ST. VRAIN STATION, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and William K. Reilly, Administrator, Respondents.

United States Court of Appeals, Tenth Circuit.

November 25, 1991.

Attorney(s) appearing for the Case

Timothy J. Flanagan (Robert J. Eber, Lloyd W. Landreth of Kelly, Stansfield & O'Donnell, James R. McCotter, Senior Vice President and Gen. Counsel, Public Service Co. of Colorado, with him on the brief), Denver, Colo., for petitioner.

Karen L. Egbert, Atty., U.S. Dept. of Justice, Environmental Defense Section (Richard B. Stewart, Asst. Atty. Gen., Barry M. Hartman, Acting Asst. Atty. Gen., U.S. Dept. of Justice, Environmental & Natural Resources Div., Anne M. Ryan, Atty., E. Donald Elliott, Gen. Counsel, Susan C. Lepow, Associate Gen. Counsel, Office of Gen. Counsel, E.P.A., Washington, D.C., Marion Yoder, Attorney, Office of Regional Counsel, E.P.A., Denver, Colo., with her on the brief), for respondents.

Before BALDOCK, BARRETT and EBEL, Circuit Judges.

PER CURIAM.

We have only one issue before us: whether the Federal Water Pollution Control Act of 1972 (Clean Water Act), codified at 33 U.S.C. §§ 1251-1387, authorizes the Environmental Protection Agency (EPA) to impose effluent limitations on the internal waste streams of a National Pollutant Discharge Elimination System (NPDES) permittee. Every entity that wishes to discharge pollutants into the waters of the United States must obtain a NPDES permit from...

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