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Maryland v. Train

Citation: 7 ELR 20443
No. No. 76-1887, 556 F.2d 575/10 ERC 1351/(4th Cir., 05/06/1977) Rev'd in part

Reversing a lower court, 6 ELR 20496, the Fourth Circuit orders the Environmental Protection Agency (EPA) to include in a hearing on the renewal of Philadelphia's ocean dumping permit the question of whether the Cape May site should continue to be designated as a proper ocean dumping site. Following hearings on the permits of the cities of Philadelphia and Camden, New Jersey, EPA ordered Camden's permit to expire on November 10, 1976 and Philadelphia's to expire in 1980.Camden's permit site was changed from Cape Henlopen to a site 106 miles off the coast. This suit challenging the propriety of Camden's permit is not moot since Philadelphia is still dumping at the Cape May site. Therefore, this matter can be resolved by broadening the scope of the hearing on reissuance of Philadelphia's permit to include the propriety of Cape May as a dumping site for anyone for any purpose.

For moving papers in this case, see ELR 65446.

Counsel for Appellant
Francis B. Burch, Attorney General; Edward M. Norton, Jr., Ass't Attorney General, Warren K. Rich, Ass't Attorney General
Department of Natural Resources, Annapolis MD 21401
(301) 224-7305

Counsel for Appellees
Peter R. Taft, Ass't Attorney General; George R. Hyde
Department of Justice
Washington DC 20530
(202) 739-2731

Jervis S. Finney, U.S. Attorney; John W. Sheldon Ass't U.S. Attorney
111 W. Calvert St., Baltimore MD 21202
(301) 539-2940

James A. Rogers
Environmental Protection Agency
Washington DC 20460
(202) 755-0760

Ann Joseph
Environmental Protection Agency
Philadelphia PA
(215) 597-9800

Before Haynsworth & Russell, JJ.; Williams,* D.J.