EPA Defends Discretion To Invoke Policy Priorities In CWA Permit Denials

摘要

EPA is asking a federal district court to back its claim of broad discretion to invoke its policy priorities in denials of petitions from outside groups asking it to launch new Clean Water Act (CWA) rulcmakings, rejecting environmentalists' claims that the agency unlawfully denied their bid for EPA to expand the scope of CWA stormwater permits.The agency's Aug. 7 summary judgment motion in Blue Water Baltimore (BWB), et al., v. Wheeler, et al., says the Obama EPA was acting within its authority when it rejected a petition from BWB and other environmental groups to invoke rarely-used residual designation authority (RDA) to mandate new CWA permitting of commercial and industrial properties near a Maryland watershed that is listed as impaired by stormwater-borne pollution. The motion is available on JnsideEPA.com.