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Commonwealth Edison Co. v. Train

Citation: 10 ELR 20901
No. No. 77-1612, 649 F.2d 481/15 ERC 1298/(7th Cir., 09/22/1980)

The court dismisses a suit challenging Environmental Protection Agency regulations issued under the Federal Water Pollution Control Act requiring an antidegradation policy to be integrated in state water quality control plans. Since under the policy the states retain discretion to establish use categories for waters within each state and since adoption of the antidegradation policy does not necessarily preclude the construction of new sources, it is not clear at this time what, if any, impact the new regulations will have upon appellants. Further, since it is likely, but not certain, that appellants will have an opportunity to challenge the validity of the regulations as they are relied upon in issuing national pollution discharge elimination system permits, judicial review at this point would be inappropriate. Therefore, the suit is not ripe and is dismissed.

Counsel for Appellants
A. Daniel Feldman, Glenn Nelson
Isham, Lincoln & Beale
42d Floor, One First National Plaza, Chicago IL 60603
(312) 786-7500

Counsel for Appellee
Edmund B. Clark; James W. Moorman, Ass't Attorney General
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2701

Counsel for Intervenor Natural Resources Defense Council, Inc.
Khristine Hall, Edward Strohbehn
Natural Resources Defense Council, Inc.
1725 I St. NW, Washington DC 20006
(202) 223-8210

Before FAIRCHILD, Chief Judge, SWYGERT and PELL, Circuit Judges.