Kilroy v. Quarles
| Decision Date | 25 February 1980 |
| Docket Number | No. 77-3844,77-3844 |
| Citation | 614 F.2d 225 |
| Parties | , 10 Envtl. L. Rep. 20,271 John B. KILROY, Sr., Zev Yaroslavsky, Arthur K. Snyder, and John B. Ferraro, Plaintiffs-Appellants, v. John R. QUARLES, Jr., in his official capacity as Acting Administrator of the United States Environmental Protection Agency; United States Environmental Protection Agency; Paul DeFalco, Jr., in his official capacity as Regional Administrator, Region IX, United States Environmental Protection Agency; The State Water Resources Control Board; John E. Bryson, in his official capacity as Chairman of the State Water Resources Control Board; Region IV of the California Regional Water Quality Control Board: and Raymond M. Hertel, in his official capacity of Executive Officer of Region IV of the California Regional Water Quality Control Board, Defendants-Appellees. City of Torrance, a Municipal Corporation, Plaintiff-Intervenor. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Robert K. Best, Pacific Legal Foundation, Sacramento, Cal. (argued), Roger Freeman, Torrance, Cal., on brief, for plaintiffs-appellants.
Edward J. Shawaker, Washington, D.C., for defendants-appellees.
Appeal from the United States District Court for the Central District of California.
Before SNEED and TANG, Circuit Judges, and CAMPBELL, * District Judge.
Plaintiffs-appellants, three sometime members of the Los Angeles City Council and one Los Angeles property owner, and plaintiff-intervenor, the City of Torrance, challenge the district court's refusal to grant a preliminary injunction prohibiting defendants-appellees, the Acting Administrator of the United States Environmental Protection Agency (EPA), the agency itself, the agency's regional administrator for the affected region, the California State Water Resources Control Board, its chairman, the affected division of the California Regional Water Quality Control Board, and its executive officer, "from funding, requiring, directing implementation of, or otherwise participating in" a temporary landfill project that disposes of the Los Angeles waste water treatment plant's sludge product. This court has jurisdiction of the appeal pursuant to 28 U.S.C. § 1291(a)(1) (1976). We affirm.
The requested preliminary injunction would prevent the EPA's alleged avoidance of the requirement, contained in the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 Et seq. (1976), that the agency prepare an environmental impact statement (EIS) before taking "major Federal actions significantly affecting the quality of the human environment." Id. § 4332. The agency action that supposedly falls within the requirement is the inclusion in a National Pollutant Discharge Elimination System (NPDES) permit, issued pursuant to section 402 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §§ 1251-1376 (1976 & Supp. I 1977), Id. § 1342, of a compliance schedule requiring Los Angeles' Hyperion Waste Water Treatment Plant gradually to abandon its practice of discharging sludge into the ocean. Compliance schedules in NPDES old source...
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...criteria of section 403. See Pacific Legal Found. v. Quarles, 440 F.Supp. 316, 326 (C.D.Cal.1977), aff'd sub nom., Kilroy v. Quarles, 614 F.2d 225 (9th Cir.1980), cert. denied, 449 U.S. 825, 101 S.Ct. 88, 66 L.Ed.2d 29 (1980). See also 33 U.S.C.A. Sec. 1342(a)(1) (permit may be issued only ......
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Natural Resources Defense Council, Inc. v. U.S. E.P.A.
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