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American Forest and Paper Association v. United States Environmental Protection Agency

137 F.3d 291 (1998)

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American Forest and Paper Association v. United States Environmental Protection Agency

United States Court of Appeals for the Fifth Circuit
137 F.3d 291 (1998)

Facts

The United States Environmental Protection Agency (EPA) (defendant) administered a permitting program in Louisiana through the National Pollutant Discharge Elimination System. The EPA required Louisiana to consult with the Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) before issuing permits to ensure the discharge would not threaten endangered species. In exchange for approving Louisiana’s permits, the EPA directed the Louisiana Department of Environmental Quality to submit proposed permits to FWS and NMFS for review. The EPA would only issue the permit if the federal agencies concluded that the proposed or modified proposed permit did not threaten endangered species. Louisiana consented to this arrangement, and the EPA issued its final rule. The EPA invoked Clean Water Act (CWA) guidelines allowing the EPA to promulgate guidelines establishing the minimum procedural and other elements for state programs to justify its action. The EPA also invoked the Endangered Species Act (ESA) § 7(a)(2).

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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Casebooks

Environmental Law

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