Catskill Mountains Chapter of Trout Unlimited v. Environmental Protection Agency
United States Court of Appeals for the Second Circuit
846 F.3d 492 (2017)

- Written by Rich Walter, JD
Facts
The federal Clean Water Act (CWA) charged the Environmental Protection Agency (EPA) (defendant) with implementing a permit system to regulate the discharge of pollutants into navigable waters. The CWA was ambiguous as to the need to extend the permit system to transfers of water between one body of water and another. Consequently, the EPA used notice-and-comment rulemaking to adopt an interpretive rule exempting such water transfers from permit requirements. An accompanying preamble provided a reasonable explanation of the factors that influenced the EPA’s interpretation. The preamble included a discussion of rejected alternative interpretations and a response to public comments. The Catskill Mountains Chapter of Trout Unlimited, Inc. and others (plaintiffs) sued the EPA. Based on the United States Supreme Court’s decisions in the Chevron and State Farm cases, the federal district court struck down the EPA’s rule as arbitrary and capricious within the meaning of § 706(2)(A) of the Administrative Procedure Act (APA). The EPA appealed to the Second Circuit Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Sack, J.)
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