United States DC Circuit

A petition for review of the EPA's approval of a "total maximum daily load" limiting the annual discharge of oxygen-depleting pollutants, and another limiting the seasonal discharge of pollutants contributing to turbidity in a particular river is granted and the approval vacated, as the non-daily "daily" loads were contrary to the unambiguous language of the Clean Water Act.

Appellate Information

• Argued 03/02/2006
• Decided 04/25/2006
• Published 04/25/2006

Judges

• TATEL, Circuit Judge., Before:  TATEL, BROWN, and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Howard I. Fox argued the cause and filed the briefs for appellant.


• For Appellees:
  
• John A. Bryson, Attorney, U.S. Department of Justice, argued the cause for federal appellees.   With him on the brief were Greer S. Goldman, Attorney, and James H. Curtin and Stefania D. Shamet, Counsels, U.S. Environmental Protection Agency., David E. Evans argued the cause for appellee District of Columbia Water and Sewer Authority.   With him on the brief was Stewart T. Leeth., F. Paul Calamita, John A. Sheehan, and Alexandra Dapolito Dunn were on the brief for amici curiae Combined Sewer Overflow Partnership and National Association of Clean Water Act Agencies in support of appellees.