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Bergen County Utils. Auth. v. EPA

Citation: 11 ELR 20448
No. No. 80-1396, 507 F. Supp. 780/15 ERC 2033/(D.N.J., 02/10/1981)

The court upholds the Environmental Protection Agency's (EPA's) denial of an ocean-dumping permit under the Marine Protection, Research, and Sanctuaries Act. Pursuant to the Act, EPA established several environmental impact criteria to be used in reviewing permit applications. Even if those criteria are not met, a one-year interim permit may be issued if an applicant can show a need for the permit and prepares an implementation schedule which allows phasing out of ocean dumping or compliance with the criteria by a statutorily fixed date. Plaintiff's attempt to renew its interim ocean-dumping permit was denied after EPA determined that plaintiff failed to meet its implementation schedule. The court rules that EPA's denial was neither arbitrary nor capricious since the decision was consistent with its regulations. EPA was bound by its legally promulgated regulations and could not issue a permit which would violate them.

Counsel for Plaintiff
Stephen J. Moses
One Essex St., Hackensack NJ 07602
(201) 343-6612

Counsel for Defendants
Elizabeth Yu
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2771

Valerie Mauceri, Ass't U.S. Attorney
Federal Bldg., 970 Broad St., Rm. 502, Newark NJ 07102
(201) 645-2155

Steven R. Gray, Mary C. Jacobson, Deputy Attorneys General
Department of Law & Public Safety
2d Floor, State House Annex, Trenton NJ 08625
(609) 292-4925