Ford Motor Co. v. Environmental Protection Agency

567 F.2d 661 (1977)

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Ford Motor Co. v. Environmental Protection Agency

United States Court of Appeals for the Sixth Circuit
567 F.2d 661 (1977)

Facts

Ford Motor Company (Ford) (plaintiff) obtained a state-issued permit to discharge water from its stamping plant into a river. A year later, at Ford’s request, Michigan proposed modifying the permit. Ford proposed that it would dilute its effluents to meet water-quality standards. The Environmental Protection Agency (EPA) (defendant) vetoed the proposal on the ground that flow augmentation was inconsistent with Michigan’s water-quality standards. Ford argued that there were no published regulations, guidelines, or specific statutory requirements under the Clean Water Act prohibiting the use of low-flow augmentation to meet water-quality standards. Ford contended that the EPA exceeded its veto authority under the act when it denied Ford’s permit modification.

Rule of Law

Issue

Holding and Reasoning (Weick, J.)

Dissent (Engel, J.)

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