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Virginia Elec. & Power Co. v. Costle

Citation: 8 ELR 20049
No. No. 76-2081, 566 F.2d 446/10 ERC 1961/(4th Cir., 11/11/1977)

The Fourth Circuit Court of Appeals affirms the district court's dismissal for lack of subject matter jurisdiction of petitions for review of the Environmental Protection Agency's regulations governing cooling water intake structures under § 316(b) of the Federal Water Pollution Control Act Amendments of 1972. An analysis of the statutory structure and the legislative history leads the court to conclude that regulations implementing the requirements of § 316(b) qualify as "other limitations" within the meaning of § 509(b)(1)(E) and are thus subject to review only in the court of appeals. The court emphasizes, in addition, that the regulations issued under § 316(b) are so closely related to the effluent limitations promulgated under § 301 and the new source performance standards established under § 306, that it would be anomalous to have their review bifurcated between different courts.

Counsel for Appellants
George C. Freeman, Jr., Henry V.
Nickel, Michael B. Barr
Hunton & Williams
707 E. Main St., Richmond VA 23212
(804) 788-8200

James T. Harington
Rooks, Pitts, Fullagar & Poust
Suite 1776, 208 S. LaSalle St., Chicago IL 60604
(312) 372-5600

Counsel for Appellees
Thomas A. Larsen; G. William Frick, General Counsel
Environmental Protection Agency, Washington DC 20460
(202) 755-2500

Counsel for Intervenor Natural Resources Defense Council
Sarah Chasis
Natural Resources Defense Council
45th Floor, 122 E. 42nd St., New York NY 10017
(212) 949-0049

Joined by Haynesworth, C.J. and Hall, J.