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Marshall Durbin Co. v. EPA

ELR Citation: 16 ELR 20725
Nos. No. 85-7331, 788 F.2d 1490/24 ERC 1911/(11th Cir., 05/09/1986)

The court holds that the operator of a chicken-processing plant discharging wastewater into a city-owned treatment works and a private resident user do not have standing under the Administrative Procedure Act to block disbursal of an Environmental Protection Agency grant for expansion of the treatment works. Neither user-fee payer has shown that the expansion plan's rate hike would be prevented by barring the federal grant. The court holds that appellants have not shown that barring the grant would redress the alleged economic injury since the utilities board could expand the plant without the federal funds, possibly causing a greater rate increase.

Counsel for Plaintiffs-Appellants
C. Lee Reeves
Sirote, Permutt, Friend, Friedman, Held & Apolinsky
2222 Arlington Ave. S., Birmingham AL 35255
(205) 933-7111

R. Sarah Compton
McDermott, Will & Emery
1850 K St., NW, Washington DC 20006
(202) 887-8000

Counsel for Defendants-Appellees
Arthur E. Gowran, Robert L. Klarquist
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2754

Before GODBOLD, Chief Judge, ANDERSON, Circuit Judge, and ATKINS*, Senior District Judge.