United States Second Circuit

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Catskill Mountains Chapter of Trout Unlimited, Inc. v. EPA (Catskill III) , 14-1823

In a challenge to the Water Transfer Rule, which formalized the EPA's longstanding position that water transfers are not subject to regulation under the National Pollutant Discharge Elimination System permitting program established decades ago by the Clean Water Act, the district court's grant of summary judgment to plaintiffs, on grounds that the Rule could not survive judicial scrutiny because it was based on an unreasonable interpretation of the Clean Water Act, is reversed where the Rule is based on a reasonable interpretation of the Clean Water Act and therefore entitled to deference under Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984).

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/01/18

Judges

  • SACK

Court

  • United States Second Circuit

Counsel


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