EPA says CWA does not create mandatory duty for agency to make finding on NJ's stormwater program enforcement

摘要

The plain language of Section 309(a)(2) of Clean Water Act does not unequivocally create a mandatory duty for the U.S. Environmental Protection Agency to make a finding regarding New Jersey's enforcement of its stormwater program, the EPA argued on Oct. 18 in a brief filed in federal court for the District of New Jersey. (See issue of Oct. 15, 2011 Pages 7 and 23.)