Train v. Campaign Clean Water, Inc., 420 U.S. 136 (1975)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Syllabus

In respondent’s action to compel petitioner Administrator of the Environmental Protection Agency to allot among the States the full sums authorized to be appropriated for fiscal years 1973 and 1974 by § 207 of the Federal Water Pollution Control Act Amendments of 1972 for municipal waste treatment plants, the District Court held that the Administrator had abused his discretion by allotting only 45% of the authorized sums. The Court of Appeals, on the premise that there was discretion to control or delay allotments, concluded that further proceedings were essential to determine whether that discretion had been abused.

Held: Since the holding in Train v. City of New York, ante, p. 35, that the Administrator has no authority to allot less than the full amounts authorized to be appropriated under § 207, is at odds with the Court of Appeals’ premise, that court’s judgment is vacated and the case is remanded for further proceedings consistent with Train v. City of New York.

489 F.2d 492, vacated and remanded.