ELR Citation: ELR 20166
No(s). 73-1378 (U.S. Feb 18, 1975)

On January 15, 1973, respondent filed a complaint in the district court seeking to compel the petitioner, an Administrator of the Environmental Protection Agency, to allot among the states the full sums authorized to be appropriated for fiscal years 1973 and 1974 by §207 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §1287 (Supp. II 1972), for federal grants to municipalities for construction of publicly owned waste treatment works. Although conceding in the trial court that the Administrator had a measure of discretion in making the allotments authorized by §205 of the Act, 33 U.S.C. §1285 (Supp. II 1972), respondent asserted that the Administrator had abused his discretion by alloting only 45% of the sums authorized to be appropriated by §207. In sustaining respondent's position, the district court rejected the holding by the United States District Court for the District of Columbia in City of New York v. Ruckelshaus, 358 F. Supp. 669 (D.C. 1973), that the Administrator has no discretion to allot less than the the full amounts authorized by the Act. The court of appeals proceeded on the premise that there was discretion to control or delay allotments but concluded that further proceedings were essential to determine whether the Administrator's discretion had been abused. The Administrator petitioned for certiorari, asserting that the exercise of his discretion to allot funds under §205 is not subject to judicial review. We granted certiorari, 416 U.S. 969, and heard the case with Train v. City of New York, ante.

We hold in Train v. City of New York that the Administrator has no authority under §205 to allot less than the full amounts sought to be appropriated under §207. Because this holding is at odds with the premise underlying the judgment of the court of appeals, we vacate the judgment of the court of appeals and remand the case for further proceedings consistent with this opinion and with the opinion in Train v. City of New York.

So ordered.

Mr. Justice Douglas concurs in the result.