Kilroy v. Quarles
Opinion of the Court
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
Affirmed.
Reference
- Full Case Name
- John B. KILROY, Sr., Zev Yaroslavsky, Arthur K. Snyder, and John B. Ferraro 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, City of Torrance, a Municipal Corporation, Plaintiff-Intervenor
- Cited By
- 9 cases
- Status
- Published