EPA DEFENDS ITS STATE NPDES PERMIT AUTHORITY
In a case called CAHABA Riverkeeper et al., Petitioners v. United States Environmental Protection Agency, et al., Respondents, EPA has taken the position in a Brief that the Agency has broad authority to work with states in deciding how to implement the NPDES Program. The Riverkeepers sought to have Alabama’s Clean Water Act National Pollutant Discharge Elimination System permit authority withdrawn.
EPA claims in its Brief that denial of their petition would be arbitrary, capricious and not in accordance with the law. EPA also indicates in its Brief that the Agency believes it acted appropriately, sensibly and well within the bounds of discretion under the Clean Water Act in deciding to work with Alabama to improve its permit program.
Although environmental groups are somewhat frequently challenging and fighting EPA over state-authorized wastewater discharges, courts are increasingly questioning the validity of the lawsuits.