SERVICE OIL, INC. v. U.S. E.P.A.

No. 08-2819.

590 F.3d 545 (2009)

SERVICE OIL, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: December 28, 2009.


Attorney(s) appearing for the Case

Michael Dan Nelson, argued, West Fargo, ND, for Petitioner.

Adam J. Katz, argued, U.S. Dept. of Justice, Environmental & National Resource Division, Washington, DC, for Respondent.

Before LOKEN, Chief Judge, BYE, Circuit Judge, and MILLER, District Judge.


LOKEN, Chief Judge.

Congress substantially amended the Clean Water Act in the Water Pollution Control Act Amendments of 1972, directing the Environmental Protection Agency (EPA) to adopt effluent limits for the discharge of various pollutants, and providing that "it is illegal for anyone to discharge pollutants into the Nation's waters except pursuant to a permit" that incorporates those effluent limits. City of Milwaukee v. Illinois & Mich.,

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