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Natural Resources Defense Council v. Gorsuch

Citation: 12 ELR 20371
No. Nos. 2153-73 et al., (D.D.C., 02/05/1982) Settlement upheld

Upon remand from the District of Columbia Circuit, 10 ELR 20803, the court rules that a consent decree governing the regulation of toxic pollutant dischares under the Federal Water Pollution Control Act (FWPCA) does not impermissibly infringe upon the discretion of the Environmental Protection Agency (EPA) to implement amendments to the FWPCA. The court upholds the validity of the decree under applicable case law since it is oriented to procedures rather than specific results, it was formulated with the participation of the parties, and it is open to modification by the court if circumstances change. In addition, the court finds that express congressional approval of the consent agreement in the 1977 amendments to the FWPCA also shows that it does not impermissibly infringe on the EPA Administrator's discretion.

Counsel for Plaintiffs
Ronald J. Wilson
1735 I St. NW, Rm. 600, Washington DC 20006
(202) 223-8210

Counsel for Defendants
Ridgeway M. Hall
Office of the General Counsel
Environmental Protection Agency, Washington DC 20460
(202) 382-4134

Counsel for Intervenors
Robert C. Barnard
Cleary, Gottlieb, Steen & Hamilton
1250 Connecticut Ave. NW, Washington DC 20036
(202) 828-3000