ELR Citation: ELR 20188
No(s). 73-1705 (D.C. Cir. Jan 23, 1974)

The U.S. Court of Appeals for the D.C. Circuit affirms a lower court's summary judgment holding illegal the EPA Administrator's impoundment of funds authorized for appropriation in 1973 and 1974 under the Federal Water Pollution Control Act Amendments of 1972. After an examination of the statutory language and an extensive analysis of the pertinent legislative history, the court rules that §205(a) of the FWPCA requires the Administrator to allot the full sums authorized to be appropriated for municipal waste treatment projects in §207 of the Act. The court finds that the suit is not barred by sovereign immunity, and rules that the Administrator's claims of administrative discretion are misplaced, since such discretion is available under the Act at the obligation stage of funding but not at the point of allotment. For the lower court's opinion, see 3 ELR 20410. See also Comment, Impoundment: Courts Move to Compel Release of Withheld Funds, 3 ELR 10102, and Comment, Administration Wins First Victory in Impoundment Battle, 3 ELR 10168.

Counsel for Plaintiff
Evan A. Davis Asst. Corporation Counsel
Room 1629, Municipal Building
New York, NY 10007

James R. Atwood
Covington & Burling
888 16th Street NW
Washington, DC 20006

Counsel for Defendant
Irving Jaffe Asst. Attorney General
Edmund W. Kitch
Walter H. Fleischer
Department of Justice
Washington, DC 20530

Harold H. Titus Jr. U.S. Attorney
U.S. Courthouse
3rd and Constitution Ave.
Washington, DC 20001

Counsel for Amicus Curiae State of Connecticut
Robert E. Killiam Attorney General
165 Capitol Ave.
Hartford, CT 06115

Counsel for Amicus Curiae State of California
Nicholas C. Yost, Deputy Attorney General
600 State Building
217 W. First Street
Los Angeles, CA 90012