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American Paper Institute v. Environmental Protection Agency

660 F.2d 954 (1981)

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American Paper Institute v. Environmental Protection Agency

United States Court of Appeals for the Fourth Circuit
660 F.2d 954 (1981)

Facts

American Paper Institute (API) (plaintiff) sought judicial review of the Environmental Protection Agency’s (EPA) (defendant) actions in issuing regulations under section 304(b)(4)(B) of the Clean Water Act (Act). API challenged the best conventional technology (BCT) regulations issued according to Section 304(b)(4)(B). API’s primary challenge was the EPA’s methodology in promulgating the regulations. API contended that Congress mandated that the EPA incorporate two main factors for determining BCT in Section 304(b)(4)(B). The first factor is an industry cost-effectiveness test. The second factor is a test that compares the cost for private industry to reduce its effluent level with that incurred by publicly owned treatment works (POTW) for a similar purpose. API asserted that the EPA only considered the POTW comparison test factor and that the EPA’s benchmark used was arbitrary and capricious. API had other challenges, including that the EPA used statistically unreliable and internally inconsistent data.

Rule of Law

Issue

Holding and Reasoning (Ervin, J.)

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Casebooks

Environmental Law

Key Terms