ELR Citation: ELR 20427
No(s). 73-1031 (D. Md. Apr 10, 1974)

The court grants motion to dismiss, as barred by sovereign immunity, claims against the EPA Administrator in a suit against him and various state and local governments by landowners in counties where a sewer hook-up moratorium has been imposed. Plaintiffs seek injunctive relief requiring the Administrator to develop comprehensive plans and regulations for the discharge of pollutants pursuant to the Federal Water Pollution Control Act Amendments of 1972 (FWPCA), and to discontinue withholding grant funds for the construction of sewage treatment facilities. The only jurisdictional basis for such claims is §505 of the FWPCA, but plaintiffs in this case failed to give the Administrator 60 days' notice of their intention to file suit as required by that section of the Act. The court unequivocally rejects the contention that "substantial compliance" with the notice provision has occurred because more than 60 days elapsed from the date the complaint was filed to the date of the hearing. Such an approach, the court rules, would constitute impermissible judicial amendment of an explicit statutory provision.

Counsel for Plaintiffs
John J. Delaney
Linowes & Blocher
Suite 600 Metropolitan Building
8720 Georgia Avenue
Silver Spring, MD 20910

Counsel for Defendant Russell E. Train
Michael D. Graves
Department of Justice
Washington, DC 20530