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ROCHESTER PURE WATERS DIST. v. E.P.A.

Nos. 90-5011, 90-5320.

960 F.2d 180 (1992)

ROCHESTER PURE WATERS DISTRICT, a Municipal Authority of the State of New York, et al. v. ENVIRONMENTAL PROTECTION AGENCY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 3, 1992.

Attorney(s) appearing for the Case

John J. Roberts, Jr., Attorney, U.S. Dept. of Justice, Washington, D.C., for appellant. Richard B. Stewart, Asst. Atty. Gen., Carl Strass, Peter R. Steenland, Jr., David C. Shilton, and Apphia T. Schley, Attorneys, U.S. Dept. of Justice, and E. Donald Elliott, General Counsel, Environmental Protection Agency ("EPA"), and Stephen G. Pressman, Attorney, EPA, Washington, D.C., were on the brief, for appellant.

Joseph M. Zorc, with whom Christopher L. Rissetto and Ronald L. Raider, Washington, D.C., were on the brief, for appellees.

Before BUCKLEY, WILLIAMS, and THOMAS, Circuit Judges.

Opinion PER CURIAM.

PER CURIAM:

May a federal court order an executive agency to set aside funds from an appropriation that Congress has rescinded? In this case, the district court issued a temporary restraining order mandating that the Environmental Protection Agency retain approximately $4 million of the $47.7 million remaining in an appropriation for a grant program. Congress rescinded the entire $47.7 million after the court issued its order. Relying on...

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