Scott v. City of Hammond, Indiana
United States Court of Appeals for the Seventh Circuit
741 F.2d 992 (7th Cir. 1984)
Section 505(a)(2) of the Clean Water Act (CWA), 33 U.S.C. § 1365(a)(2), provides for citizen suits against the Environmental Protection Agency (EPA) where there is a “failure of the Administrator to perform any act or duty under this chapter which is not discretionary with the Administrator.” William J. Scott (plaintiff) filed a citizen’s suit against the EPA. Scott’s suit involved two claims: (1) the EPA failed to ensure that water quality standards protect the public health and welfare because there are no water quality criteria for hazardous viruses and there is an inadequate standard for hazardous pathogenic bacteria; and (2) the EPA failed to prescribe a Total Maximum Daily Load (TMDL) for discharge of pollutants into Lake Michigan. Establishing a TMDL requires cooperation between federal and state governments. Each state is to submit TMDLs for those waters within its boundaries where water quality standards will not be achieved by application of technology-based limitations. Illinois and Indiana had to submit TMDLs within 180 days of December 28, 1978. Neither did so. The district court dismissed all of Scott’s claims and he appealed.
Rule of Law
Holding and Reasoning (Per curiam)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.