RESPONDENT: Colorado Public Interest Research Group, Inc.
LOCATION: General Electric Company plant
DOCKET NO.: 74-1270
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the Tenth Circuit
CITATION: 426 US 1 (1976)
ARGUED: Dec 09, 1975
DECIDED: Jun 01, 1976
A. Raymond Randolph, Jr. - for petitioners
David C. Mastbaum - for respondents
Facts of the case
Media for Train v. Colorado Public Interest Research Group, Inc.Audio Transcription for Oral Argument - December 09, 1975 in Train v. Colorado Public Interest Research Group, Inc.
Audio Transcription for Opinion Announcement - June 01, 1976 in Train v. Colorado Public Interest Research Group, Inc.
Warren E. Burger:
The judgment and opinion of the Court in number 74-1270, Train, the administrator of the Environmental Protection Agency v. the Colorado Public Interest Research Group will be announced by Mr. Justice Marshall.
This case is here on writ of certiorari for the Court of Appeals for the Tenth Circuit.
It is a citizen suit brought under the Federal Water Pollution Control Act.
That act makes it unlawful to discharge pollutants into navigable waters without a permit issued by the administrator of the Environmental Protection Agency.
The issue in this case is whether the nuclear waste materials subject to regulation by the Atomic Energy Commission and its successor agencies are pollutants within the meaning of the Water Act.
We hold that they are not.
In an opinion filed with the clerk, we hold that the regulation of these nuclear waste materials is controlled exclusively by the terms of the Atomic Energy Act.
So as the talk reveals out to the contrary, the judgment is reversed.
Mr. Justice Stevens took no part in the consideration or decision of this case.
Warren E. Burger:
Thank you, Mr. Justice Marshall.