Robert E. Gonzales v. Ann McGill Gorsuch, Administrator of the United States Environmental Protection Agency

KENNEDY, Circuit Judge:

This suit challenges the propriety of expenditures approved by the Environmental Protection Agency [EPA] and made by the Association of Bay Area Governments [ABAG].1 ABAG made the expenditures pursuant to a workplan under section 208 of the Federal Water Pollution Control Act (herein the Clean Water Act), 33 U.S.C. § 1288 (1976). EPA funded the plan through a $4.3 million grant authorized un*1265der section 208(f), 33 U.S.C. § 1288(f) (1976).

After the planning began, but before its completion, Gonzales2 brought this suit. The theory of the suit was that some of the grant…