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Administrative Law Keyed to Lawson
Seacoast Anti-Pollution League v. Costle
Citation:
572 F.2d 872 (1978)Facts
Public Service Company of New Hampshire applied for a NPDES permit for its Seabrook nuclear power plant, which would discharge heated water into the Atlantic Ocean. The EPA Regional Administrator issued the permit after holding a “public hearing” that did not include cross-examination of witnesses. Seacoast Anti-Pollution League and other environmental groups requested a formal adjudicatory hearing with cross-examination rights to challenge technical aspects of the permit, particularly regarding the thermal discharge’s impact on marine life. The EPA denied this request, interpreting the Clean Water Act’s “opportunity for public hearing” language as not requiring formal APA adjudication procedures. The petitioners argued that both the APA and due process required a formal hearing with cross-examination rights given the complex scientific issues involved and the significant environmental impacts at stake.
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