California ex rel. State Water Resources Control Board v. Environmental Protection Agency

No. 93-2466, -2486; 74-1189 (9th Cir. August 6, 1976)

Following the Supreme Court's reversal, 6 ELR 20563, of the court's earlier decision, 511 F.2d 963, 5 ELR 20213, the Ninth Circuit vacates its decision and upholds EPA's denial of the state's National Pollutant Discharge Elimination System (NPDES) application under the Federal Water Pollution Control Act. The state would have required federal facility compliance with its permit program.

Counsel are listed at 6 ELR 20563 and 5 ELR 20213.

Before: WRIGHT and CHOY, Circuit Judges, and BURNS,^* District Judge.

[6 ELR 20668]

It appearing that upon writ of certiorari the Supreme Court of the United States has reversed the judgment of this court in its opinion of February 13, 1975 and remanded to this court for further proceedings,

IT IS ORDERED that this court's opinion of February 13, 1975 is vacated and that the action of the Administrator of the Environmental Protection Agency in denying the application of the state agencies of Washington and California is affirmed.

* Honorable James M. Burns, United States District Judge for the District of Oregon, sitting by designation.