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BASF Wyandotte Corp. v. Costle

ELR Citation: 10 ELR 20150
Nos. Nos. 77-1042 et al., 614 F.2d 21/17 ERC 1054/(1st Cir., 01/31/1980) Remanded regulations upheld

Following reconsideration by the Environmental Protection Agency (EPA) of two aspects of its final effluent limitations for pesticide manufacturers previously remanded to the Agency, 9 ELR 20609, the First Circuit Court of Appeals grants EPA's motion to dismiss the petitions for review. A recalculation excluding controverted data has verified the final effluent limitations for organic pesticide chemicals, which the court thus upholds. In addition, the court rules that EPA did not act arbitrarily in determining that an arsenic-based pesticide producer could achieve zero discharge through solar evaporation at an annual cost of less that $50,000 and that this cost was acceptable. Even though no exact replica of the Agency's suggested model is currently in use, the Agency determination cannot be set aside as arbitrary in view of evidence in the record that a number of other pesticide manufacturers use solar evaporation for their waste waters.

Counsel for Petitioners
Douglas E. Kliever, John S. Magney, Mary Wild Ennis
Cleary, Gottlieb, Steen & Hamilton
1250 Connecticut Ave. NW, Washington DC 20036
(202) 828-3000

Counsel for Respondents
%james W. Moorman, Ass't Attorney General; Donald W. Stever, Jr., Paul M. Kaplow
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2831

Before Coffin, Bownes & Mazzone*, JJ.