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Porter County Chapter of the Izaak Walton League of Am. v. Train

Citation: 7 ELR 20251
No. No. 76-1342, 548 F.2d 1298/9 ERC 1845/(7th Cir., 02/18/1977)

The court dismisses a petition for review of an Environmental Protection Agency (EPA) administrative law judge's dismissal of petitioners as parties to a permit proceeding under the Federal Water Pollution Control Act (FWPCA) Amendments. Petitioners intervened in the adjudicatory proceeding concerning a National Pollutant Discharge Elimination System permit for Midwest Division, National Steel Corporation, but at no time presented objections to a proposed stipulation between Midwest Division, the EPA regional office, and affected municipalities. Nor did petitioners comply with the administrative law judge's procedural orders for timely submission of statements of their views on the permit. Notwithstanding the FWPCA's broad public participation provisions, public interest parties are not relieved of their duty to comply with the procedural requirements of the Act.

Counsel for Petitioners
Marvin N. Benn
134 N. LaSalle St., Suite 222, Chicago IL 60602
(312) 372-2926

Counsel for Respondent
Peter R. Taft, Ass't Attorney General; Alfred T. Ghiorzi, Lloyd S. Guerci
Department of Justice, Washington DC 20530
(202) 739-2717

Before MOORE, Senior Circuit Judge,* PELL and SPRECHER, Circuit Judges.