Mississippi Commission on Natural Resources v. Costle
United States Court of Appeals for the Fifth Circuit
625 F.2d 1269 (1980)
- Written by Penny Ellison, JD
Facts
The presence of dissolved oxygen in a waterway was necessary for fish and aquatic life to survive. Pursuant to its obligations under the Federal Water Pollution Control Act (FWPCA), the Mississippi Commission on Natural Resources (commission) (plaintiff) developed a Water Quality Standard (WQS) for dissolved oxygen. The setting of a WQS consisted of two parts: (1) designating the use for the water in an area and (2) setting water-quality criteria appropriate for that use. The commission submitted the standard to the federal Environmental Protection Agency (EPA) (defendant) for approval, and the EPA refused to approve it, finding that the WQS violated its policy. The commission brought suit, claiming that the EPA exceeded its oversight authority in rejecting the standard set by the state agency. The commission argued that the EPA could refuse to approve a standard set by the state only if the standard did not meet the requirements of the FWPCA. The district court ruled that the EPA had the authority to reject the WQS because it violated EPA policy, even though the standard complied with the law. The commission appealed.
Rule of Law
Issue
Holding and Reasoning (Fay, J.)
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