Environmental Defense Center, Inc. v. United States Environmental Protection Agency

344 F.3d 832 (2003)

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Environmental Defense Center, Inc. v. United States Environmental Protection Agency

United States Court of Appeals for the Ninth Circuit
344 F.3d 832 (2003)

  • Written by Tanya Munson, JD

Facts

Stormwater runoff was a significant source of water pollution. In 1999, the Environmental Protection Agency (EPA) (defendant) promulgated a final administrative rule (the rule) under the Clean Water Act mandating that discharges from small municipal separate storm-sewer systems (MS4s) and construction sites of one to five acres in size were to be subject to the permitting requirements of the National Pollutant Discharge Elimination System. To obtain permission to discharge, the rule required small MS4s to implement six “minimum measures” designed to protect water quality or seek a permit through an alternative-permit option (the alternative-program option). The alternative-program option required permit seekers to propose management programs that addressed concerns similar to those addressed by the minimum measures, but it did not require permit seekers to implement the minimum measures to receive a permit to discharge. The rule was challenged in the Fifth, Ninth, and District of Columbia Circuit courts, and the actions were consolidated before the Ninth Circuit. Municipal, environmental, and industrial groups (the groups) (plaintiffs) argued that the rule violated the Tenth Amendment because, on its face, the rule compelled operators of small MS4s to regulate third parties.

Rule of Law

Issue

Holding and Reasoning (Browning, J.)

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