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Mississippi Comm'n on Natural Resources v. Costle

ELR Citation: 10 ELR 20931
Nos. No. 79-3538, 625 F.2d 1269/15 ERC 1256/(5th Cir., 09/18/1980)

The court denies a request for injunctive relief restraining enforcement of a water quality standard promulgated by the Environmental Protection Agency (EPA). Pursuant to §303 of the Federal Water Pollution Control Act, EPA informed the state of Mississippi that its standard for dissolved oxygen was inadequate to meet the requirements of the Act and that tightening of the standard would be necessary. Following the state's refusal to modify the standard, EPA promulgated its own standard. The court finds that it was not arbitrary or capricious for EPA to reject the state standard on the basis of its inconsistency with EPA's regulatory criteria, and that there was no need for the Agency to consider economic factors when setting those criteria. Further, the standard imposed on the state has an adequate basis in the administrative record and is not invalid on the ground that it was promulgated more than 90 days after it was proposed.

Counsel for Appellant
G.S. Peter Bergen Jr.
LeBoeuf, Lamb, Leiby & MacRae
140 Broadway, New York NY 10005
(212) 269-1100

Counsel for Appellees
William L. Andreen
Office of the Regional Counsel
Environmental Protection Agency, 345 Courtland St. NE, Atlanta GA 30308
(404) 881-2335

Martin W. Matzen
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2850

Before GEE, FAY, and RANDALL, Circuit Judges.