United States Steel Corp. v. Train

556 F.2d 822 (1977)

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United States Steel Corp. v. Train

United States Court of Appeals for the Seventh Circuit
556 F.2d 822 (1977)

Facts

United States Steel Corporation (US Steel) (plaintiff) was issued an initial National Pollutant Discharge Elimination System (NPDES) permit for its Gary Works that largely mirrored US Steel’s current monitoring practices for discharge of pollutants into surrounding waterways. In issuing final monitoring requirements, the Environmental Protection Agency (EPA) (defendant) considered the nature of the discharges and their impact on the waterways, the variability of the discharges, the volume of the discharges, and the current monitoring practices in place at US Steel. The EPA increased the monitoring at all points of discharge, both in terms of frequency of measurement and the number of pollutants monitored. US Steel filed a petition for review challenging the final monitoring requirements as exceeding the EPA’s authority.

Rule of Law

Issue

Holding and Reasoning (Tone, J.)

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