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CENTER FOR REGULATORY REASONABLENESS v. E.P.A.

No. 14-1150.

849 F.3d 453 (2017)

CENTER FOR REGULATORY REASONABLENESS, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided February 28, 2017.

Attorney(s) appearing for the Case

John C. Hall argued the cause for petitioner. With him on the briefs were Gary B. Cohen and Philip D. Rosenman .

Jeffrey S. Longsworth was on the brief for amicus curiae The National Association of Clean Water Agencies in support of petitioner.

Andrew J. Doyle , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were John C. Cruden Assistant Attorney General, and Richard T. Witt , Attorney, U.S. Environmental Protection Agency. Michele L. Walter , Attorney, U.S. Department of Justice, entered an appearance.

Before: Kavanaugh and Wilkins, Circuit Judges, and Williams, Senior Circuit Judge.

As a general matter, the Clean Water Act prohibits discharge of pollutants into the Nation's waters except in accordance with a permit. The Environmental Protection Agency promulgates rules governing those permits. Some of the permitting rules apply to publicly owned water treatment...

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