CLEAN WATER ACTION v. U.S. EPA

No. 18-60079.

936 F.3d 308 (2019)

CLEAN WATER ACTION; Environmental Integrity Project; Sierra Club; Waterkeeper Alliance, Incorporated; Pennenvironment, Incorporated; Chesapeake Climate Action Network; Physicians for Social Responsibility, Chesapeake, Incorporated; Prairie Rivers Network, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Andrew Wheeler, Acting Administrator, United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Fifth Circuit.

Filed August 28, 2019.


Attorney(s) appearing for the Case

Thomas Joseph Cmar , Earthjustice, Chicago, IL, Matthew Gerhart , Sierra Club, Denver, CO, for Petitioner CLEAN WATER ACTION, WATERKEEPER ALLIANCE, INCORPORATED.

Gabriel Paul Clark-Leach , Environmental Integrity Project, Austin, TX, for Petitioners ENVIRONMENTAL INTEGRITY PROJECT, PENNENVIRONMENT, INCORPORATED, CHESAPEAKE CLIMATE ACTION NETWORK, PHYSICIANS FOR SOCIAL RESPONSIBILITY, CHESAPEAKE, INCORPORATED, PRAIRIE RIVERS NETWORK.

Thomas Joseph Cmar , Earthjustice, Chicago, IL, Matthew Gerhart , Casey Austin Roberts , Sierra Club, Environmental Law Program, Denver, CO, Joshua Smith , Sierra Club, Environmental Law Program, Oakland, CA, for Petitioner SIERRA CLUB.

Martin Francis McDermott , Tsuki Hoshijima , U.S. Department of Justice, Washington, DC, Matthew Z. Leopold , Environmental Protection Agency, Washington, DC, for Respondents UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, ANDREW WHEELER.

Before HIGGINBOTHAM, JONES, and COSTA, Circuit Judges.


Through notice-and-comment rulemaking, the Environmental Protection Agency ("EPA") reviewed and decided to revise1 the earliest compliance dates for new, stringent BAT ("best available technology economically achievable") effluent limitations and PSES ("pretreatment standards for existing...

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