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Natural Resources Defense Council v. Costle

Citation: 7 ELR 20702
No. No. 75-1873, 564 F.2d 573/10 ERC 1625/(D.C. Cir., 09/06/1977) Aff'd

The court affirms a lower court's ruling that § 208 of the Federal Water Pollution Control Act Amendments of 1972 requires the states to prepare areawide waste treatment management plans when acting as planning agencies for areas not designated by a state or locality as having substantial water quality control problems. The court notes that only about five percent of the nation's waterways are in areas that have been "designated" for local planning and that a contrary interpretation of the statutory requirements would therefore exempt 95 percent of the nation's waterways from areawide waste treatment planning. State plans must contain all the elements required by § 208(b)(2), but the intensity of the state planning effort for such areas that have few pollution problems may be less than that devoted to designated urban/industrial areas. The court rejects the contention that the lower court's decision impinges on the states' Tenth Amendment rights. The district court's order that the Environmental Protection Agency promulgate regulations for the submission of state plans under § 208, which the agency has complied with and now defends, is therefore affirmed.

Counsel for Intervening Defendant-Appellant National Forest Products Ass'n
Francis M. Shea, Richard T. Conway, David B. Beers, I. Michael Greenberger
Shea & Gardner
Walker Bldg., Washington DC 20005
(202) 737-1255

Richard Wassertstrom
National Forest Products Ass'n
1619 Massachusetts Ave. NW, Washington DC 20036
(202) 797-5800

Counsel for Plaintiff-Appellee
Daniel M. Lewis, Peter T. Grossi
Arnold & Porter
1229 19th St. NW, Washington DC 20036
(202) 872-6700

Counsel for Defendants-Appellees
Larry A. Boggs, Edmund B. Clark, Jacques B. Gelin
Department of Justice, Washington DC 20530
(202) 737-8200

Counsel for Amicus Curiae Commonwealth of Viginia
James E. Ryan, Ass't Attorney General
1101 E. Broad St., Richmond VA 23219
(804) 786-2071

Counsel for Amicus Curiae State of Washington
Theodore O. Torve, Ass't Attorney General
Temple of Justice, Olympia WA 98504
(206) 753-2550

Before: MCGOWAN, LEVENTHAL and ROBB, Circuit Judges.