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Montgomery County v. EPA

Citation: 12 ELR 20113
No. No. 80-1782, 662 F.2d 1040/16 ERC 1541/(4th Cir., 10/13/1981)

The Fourth Circuit upholds the Environmental Protection Agency's (EPA's) designation of seven drainage basins in Montgomery County, Maryland as an aquifer pursuant to § 300h-3(e) of the Safe Drinking Water Act. Given the United States Geological Survey's (USGS's) conclusion that a 130-square mile area embracing the seven drainage basins was suitable for designation as an aquifer, that the aquifer was the primary source of drinking water in the area, and that its contamination could pose a significant hazard to public health, the Administrator's designation of the seven basins as a single aquifer was not unreasonable. Furthermore, the Administrator did not err in considering only existing sources of drinking water when determining the availability of alternative sources, as required by regulations proposed recently under the Act.

Counsel for Petitioner
Nathan J. Greenbaum; Paul A. McGuckian, Cty. Attorney; Robert J. Tobin Jr., Carole A. Jeffries
101 Monroe St., Rockville MD 20850
(301) 251-2600

Counsel for Respondent
John D. Cooper
Region III, Environmental Protection Agency
Curtis Bldg., Philadelphia PA 19106
(215) 597-9800

Michelle B. Corash, General Counsel; Mark D. Gordon
Environmental Protection Agency, Washington DC 20460
(202) 755-2511

Carol E. Dinkins, Ass't Attorney General; Anthony C. Liotta, Donald W. Stever Jr.
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2701

Counsel for Intervenor State of Maryland
M. Brent Hare, Thomas A. Deming; Stephen H. Sachs, Attorney General
Department of Law, One S. Calvert St., Baltimore MD 21202
(301) 383-3737

Joined by Field and Erwin, JJ.