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FRIENDS OF EARTH, INC. v. E.P.A.

No. 05-5015.

446 F.3d 140 (2006)

FRIENDS OF THE EARTH, INC., Appellant v. ENVIRONMENTAL PROTECTION AGENCY, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 25, 2006.

Attorney(s) appearing for the Case

Howard I. Fox argued the cause and filed the briefs for appellant.

John A. Bryson, Attorney, U.S. Department of Justice, argued the cause for federal appellees. With him on the brief were Greer S. Goldman, Attorney, and James H. Curtin and Stefania D. Shamet, Counsels, U.S. Environmental Protection Agency.

David E. Evans argued the cause for appellee District of Columbia Water and Sewer Authority. With him on the brief was Stewart T. Leeth.

F. Paul Calamita, John A. Sheehan, and Alexandra Dapolito Dunn were on the brief for amici curiae Combined Sewer Overflow Partnership and National Association of Clean Water Act Agencies in support of appellees.

Before: TATEL, BROWN, and GRIFFITH, Circuit Judges.

TATEL, Circuit Judge.

This case poses the question whether the word "daily," as used in the Clean Water Act, is sufficiently pliant to mean a measure of time other than daily. Specifically, the Environmental Protection Agency (EPA) takes the position that Congress, in requiring the establishment of "total maximum daily loads" to cap effluent discharges of "suitable" pollutants into highly polluted waters, left room for EPA to establish seasonal or annual loads for...

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