Association Of Pacific Fisheries v. Environmental Protection Agency

615 F.2d 794 17 ERC 1425 , 10 Envtl. L. Rep. 20 ,336 ASSOCIATION OF PACIFIC FISHERIES, New England Fish Company, Peter Pan Seafoods, Petersburg Fisheries, Inc., and Whitney-Fidalgo Seafoods, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. No. 75-2007. United States Court of Appeals, Ninth Circuit. Feb. 4, 1980. Charles R. Blumenfeld, Seattle, Wash., for petitioners. Lee R. Tyner, Washington, D. C., for respondent. Petition to Review a Decision of the Environmental Protection Agency. Before TRASK, SNEED, and KENNEDY, Circuit Judges. KENNEDY, Circuit Judge: 1 In 1972 Congress, intending "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters," amended the Federal Water Pollution Control Act (Act), 33 U.S.C. § 1251 et seq. Congress established national pollution goals to be achieved by specific dates. By July 1, 1977, industries discharging pollutants into the nation's waters were to have achieved "the best practicable control technology currently available (BPT)." Section 301(b)(1)(A), 33 U.S.C. § 1311 (b)(1)(A). By 1983, industry is to achieve "the best available technology economically achievable (BEA)." Section…