CATSKILL MOUNTAINS CHAPTER OF TROUT UNLIMITED, INC., Theodore Gordon Flyfishers, Inc., Catskill-Delaware Natural Water Alliance, Inc., Federated Sportsmen's Clubs of Ulster County, Inc., Riverkeeper, Inc., Waterkeeper Alliance, Inc., Trout Unlimited, Inc., National Wildlife Federation, Environment America, Environment New Hampshire, Environment Rhode Island, and Environment Florida, Plaintiffs,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency, Defendants.
State of New York, Connecticut, Delaware, Illinois, Maine, Michigan, Minnesota, Missouri, Washington, and the Government of the Province of Manitoba, Canada, Plaintiffs,
v.
United States Environmental Protection Agency and Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency, Defendants.
United States District Court, S.D. New York.https://leagle.com/images/logo.png
Peter David Nichols, Esq. , Berg Hill Greenleaf & Ruscitti LLP, Boulder, CO, for Intervenor-Defendant Western Water Providers.
Annette Marie Quill, Esq. , Colorado Office of The Attorney General, Denver, CO, for State Intervenor-Defendants.
James Edward Nutt, Esq. , South Florida Water Management District, West Palm Beach, FL, for Intervenor-Defendant South Florida Water Management District.
United States District Court, S.D. New York.
OPINION AND ORDER
KENNETH M. KARAS, District Judge:
In the context of water regulation, federal law provides that "the discharge of any pollutant by any person shall be unlawful." 33 U.S.C. § 1311(a). And, as relevant here, it defines a "discharge of a pollutant" to mean "any addition of any pollutant to navigable waters from any point source." Id. § 1362(12). The Environmental Protection Agency ("EPA") interprets these provisions...
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