Conservation Law Found., Inc. v. EPA

摘要

Environmental Protection Agency did not violate its nondiscretionary duty under Clean Water Act in not distributing national pollutant discharge elimination system stormwater permit applications to stormwater point sources alongside river subject to total maximum daily load allocations, because: (1) NPDES permits are only required for stormwater dischargers if EPA determines that controls are needed based on wasteload allocations that are part of TMDLs or EPA determines discharges contribute to violation of water quality standards, and (2) EPA interpretation of act and its regulations finding that affirmative determination separate from TMDL process is necessary for EPA to make determination is not unreasonable and is entitled to deference.