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Maryland v. Train

ELR Citation: 6 ELR 20496
Nos. No. 75-1731, 415 F. Supp. 116/8 ERC 2050/(D. Md., 05/10/1976)

Maryland challenges EPA's issuance of a permit to Camden, New Jersey, for the continued ocean dumping of sewage sludge at a site off Cape May. The Marine Protection, Research and Sanctuaries Act requires the functional equivalent of environmental impact analysis in conjunction with permit issuance and site selection for ocean dumping, and a full NEPA impact statement was thus not required in this case. The Administrator's discretion to dispense with hearings in the permit process is narrowly circumscribed, however, and his failure to hold public hearings on the Camden permit was erroneous. The court, therefore, orders EPA to hold a hearing on the dumping permit, but refuses to grant an injunction against dumping. EPA was justified in fearing dire environmental and health effects if Camden, because of a ban on ocean disposal, was forced to discharge its sludge into the Delaware River.

For moving papers filed in this case, see ELR 65291, 65313.

Counsel for Plaintiff State of Maryland
Warren K. Rich, Spec. Asst. Attorney General
Annapolis MD 21401
(301) 224-7305

Counsel for Plaintiff State of Virginia
Andrew P. Miller, Attorney General
Supreme Court Building
1101 E. Broad St.
Richmond VA 23219
(804) 786-2071

Counsel for Plaintiff State of Delaware
June D. MacArtor, Attorney General
Tatnall Bldg.
Dover DE 19901
(302) 678-4211

Counsel for Defendants
John Sheldon, U.S. Attorney
U.S. Courthouse
111 W. Calvert Street
Baltimore MD 21202
(301) 539-2940

James Rogers
Environmental Protection Agency
Washington DC 20460
(202) 755-0760