ELR Citation: ELR 20780
No(s). C-C-80-402 (W.D.N.C. Mar 10, 1981)

The court rules that the Environmental Protection Agency's (EPA's) decision not to prepare an environmental impact statement (EIS) for a sewage treatment plant was not arbitrary or capricious. Based on its own environmental assessment (EA), an EA prepared by the state of North Carolina, and public comments, EPA concluded that since the land application sewage treatment plant would not cause significant environmental impacts an EIS for the project was unnecessary. Applying an arbitrary and capricious standard of review, the court rules that the administrative record, which reveals consideration of odors and aerosol disease transmission, groundwater pollution, and impact on property values, is sufficient to support EPA's decision. The court may not substitute its judgment for that of the Agency as to the specific method of sewage treatment.

Counsel for Plaintiffs
Hugh G. Casey Jr.
Casey & Bishop
700 Law Bldg., Charlotte NC 28202
(704) 376-7461

Counsel for Defendants
Harold M. Edwards, U.S. Attorney
P.O. Box 30245, Charlotte NC 28230
(704) 371-6222

C. Frank Griffin
Griffin, Caldwell, Helder & Steelman
314 N. Hayne St., Monroe NC 28110
(704) 289-4577

Gary W. Wilburn, Wayne C. Alexander
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2047

William L. Andreen
Environmental Protection Agency, Region IV, 345 Courtland St. NE, Atlanta GA 30365
(404) 881-4727