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Seacoast Anti-Pollution League v. Costle | 572 F.2d 872 (1978)

The Administrative Procedure Act, or the APA, establishes uniform procedures for evidentiary hearings held by federal administrative agencies. But agencies don’t always follow these procedures. The First Circuit decided whether the Environmental Protection Agency, or the EPA, had to play by the rules in Seacoast Anti-Pollution League versus Costle.

The Public Service Company of New Hampshire, known as PSCO, proposed to use water from the Gulf of Maine to cool its nuclear-power station. The water would be taken up, cycled through PSCO’s cooling system, and then discharged again to the sea at a significantly hotter temperature. The Federal Water Pollution Control Act, called the FWPCA, prohibits the discharge of any pollutant, including heat, unless the discharger has secured a permit from the EPA. Consequently, PSCO applied to the EPA for a discharge permit and for an exemption from EPA standards pursuant to the FWPCA.

The EPA’s regional administrator granted environmental organization Seacoast Anti-Pollution League’s petition for a public hearing on PSCO’s application. After those hearings, the regional administrator denied PSCO’s application for a discharge permit and exemption. PSCO appealed the denial to the EPA’s administrator, Douglas Costle.

Costle assembled a panel of experts to help with the technical aspects of PSCO’s appeal. The panel reported that PSCO had met its burden of proof except as to one issue. Costle asked PSCO for additional information and offered other parties the opportunity to comment on PSCO’s submission. Seacoast again requested a hearing as part of the appeal process. The administrator denied Seacoast’s request. Ultimately, based upon the expert panel’s recommendation and PSCO’s additional submission, the administrator granted PSCO’s application. Seacoast appealed to the First Circuit, arguing that the administrator had failed to comply with the APA’s formal adjudicative-hearing procedures.

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