UNITED STATES v. DIST. OF COL.

Nos. 80-1653, 80-1654, 80-1718, 80-1719, 80-1495 and 80-1496.

654 F.2d 802 (1981)

UNITED STATES of America, v. DISTRICT OF COLUMBIA et al. Appeal of Prince George's County, Maryland (Intervenor-deft.). STATE WATER CONTROL BOARD et al. v. WASHINGTON SUBURBAN SANITARY COMMISSION et al. Appeal of Prince George's County, Maryland (Intervenor-deft.). STATE WATER CONTROL BOARD, An Agency of the Commonwealth of Virginia, et al. v. WASHINGTON SUBURBAN SANITARY COMMISSION et al. Appeal of Prince George's County, Maryland (Intervenor-deft.). UNITED STATES of America v. DISTRICT OF COLUMBIA et al. Appeal of Prince George's County, Maryland. STATE WATER CONTROL BOARD et al. v. WASHINGTON SUBURBAN SANITARY COMMISSION et al. Appeal of Prince George's County, Maryland. UNITED STATES of America v. DISTRICT OF COLUMBIA et al. Appeal of Prince George's County, Maryland.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 1981.

As Amended July 29, 1981.


Attorney(s) appearing for the Case

Frank W. Stearns and David T. Stitt, Asst. County Attys., Fairfax, Va., also entered appearances for appellee, Fairfax County, Va.

Judith W. Rogers, Corp. Counsel, Joyce M. Notarius, Richard G. Wise and Edward L. Curry, Assistant Corp. Counsel, Washington, D. C., were on the brief for appellee, District of Columbia.

Robert B. Ostrom, County Atty., Prince George's County, Upper Marlboro, Md., with whom Richard S. Alper and Robert H. Drummer, Associate County Attys., Washington, D. C., were on the brief for appellant.

Thomas A. Deming, Asst. Atty. Gen., State of Md., Annapolis, Md., for appellee, State of Md.

John P. Arness, Washington, D. C., with whom Curtis E. von Kann, Allan D. Windt and Henderson J. Brown, IV, Washington, D. C., were on the brief for appellee, Washington Suburban Sanitary Commission.

Rosanne Mayer, Atty., Dept. of Justice, Washington, D. C., with whom James W. Moorman, Asst. Atty. Gen., Anne S. Almy and Patrick J. Cafferty, Jr., Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellee, United States. Angus Macbeth and Donald W. Stever, Atty., Dept. of Justice, Washington, D. C., also entered appearances for appellee, United States.

Marshall Coleman, Atty. Gen., James E. Ryan, Jr., Deputy Atty. Gen., and Frederick S. Fisher, Asst. Atty. Gen., Com. of Va., Richmond, Va., were on the brief for appellee, Com. of Va., State Water Control Bd.

Robert G. Tobin, Jr., Deputy County Atty., Nathan J. Greenbaum, Asst. County Atty., Montgomery County, Rockville, Md., were on the brief for appellee, Montgomery County, Md.

Before McGOWAN, TAMM and WALD, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

This appeal is the latest chapter in an eight-year-old controversy concerning disposal of sewage sludge generated at the Blue Plains Sewage Treatment Plant in the District of Columbia. Since the early 1970's, the parties to this appeal have struggled to devise a plan for sludge disposal at sites within the Washington area jurisdictions which use the Blue Plains facility. Appellant Prince...

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