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National Resources Defense Council v. United States Environmental Protection Agency

808 F.3d 556 (2015)

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National Resources Defense Council v. United States Environmental Protection Agency

United States Court of Appeals for the Second Circuit
808 F.3d 556 (2015)

AR

Facts

Pursuant the Clean Water Act, the Environmental Protection Agency (EPA) (defendant) issued a Vessel General Permit that allowed vessels to discharge ballast water subject to certain limitations on the living organisms in the discharge. The EPA based its permit on a standard used by the International Convention for the Control and Management of Ships’ Ballast Water and Sediments even though technology that could exceed this standard was available. The National Resources Defense Council (council) (plaintiff) sued, arguing that the EPA acted arbitrarily and capriciously when it based the permit on the standard from the convention. The court ruled in the EPA’s favor, and the council appealed.

Rule of Law

Issue

Holding and Reasoning (Chin, J.)

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Casebooks

Environmental Law

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