United States Ninth Circuit

In an action challenging aspects of the EPA's recent Clean Water Act (CWA) storm water discharge rule, which exempts from the permitting requirements of the CWA discharges of sediment from oil and gas construction activities that contribute to violations of water quality standards, the EPA's rule is vacated and remanded to the EPA for further proceedings as the promulgated rule, including a corresponding regulation, is arbitrary and capricious and constitutes an impermissible construction of section 402(l)(2) of the CWA.

Appellate Information

• Argued 10/15/2007
• Decided 05/23/2008
• Published 05/23/2008

Judges

• ROTH, Circuit Judge:, Before:  JANE R. ROTH,SIDNEY R. THOMAS, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Sharon Buccino, Aaron Colangelo and Margaret Renner, Natural Resources Defense Council, Washington, D.C., for the petitioner., Thomas C. Jackson, Baker Botts L.L.P., Washington, D.C., for amicus curiae American Petroleum Institute., Janet Lynn McQuaid, Fulbright & Jaworski L.L.P., Austin, TX, for amicus curiae Independent Petroleum Association of America.


• For Appellees:
  
• David A. Carson, United States Department of Justice, Environmental & Natural Resources Division, Denver, CO, for the respondent.