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Champion Int'l Corp. v. EPA

Citation: 17 ELR 20705
No. No. A-C-86-26, 652 F. Supp. 1398/25 ERC 1878/(W.D.N.C., 02/03/1987) Motion for withdrawal of mandate denied

The court holds that the Environmental Protection Agency (EPA) could validly consider a downstream state's color standard in assuming authority over a Federal Water Pollution Control Act (FWPCA) permit issued by an upstream state. The court concludes that the recent Supreme Court ruling in International Paper v. Ouellette, 17 ELR 20327 (1987) does not require it to revise its earlier ruling that EPA could consider Tennessee's color standards in assuming authority over a North Carolina-issued permit. As interpreted in Ouellette, The FWPCA only precludes the use of downstream state law in a common law nuisance action, and explicitly authorizes affected downstream states to seek EPA disapproval of upstream state-issued permits inadequately protecting interstate waters. The court holds that FWPCA §402(d) allows EPA to consider all relevant factors, including an affected state's water standards, in determining whether a permitted discharge would adversely affect interstate waters.

[The court's earlier opinion appears at 17 ELR 20486; a related case appears at 16 ELR 20729].

Counsel are listed at 17 ELR 20486.