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NRDC v. Costle | 568 F.2d 1369 (1977)
The Environmental Protection Agency, or EPA, is tasked with issuing National Pollutant Discharge Elimination System, or NPDES, permits for any discharges of pollutants from point sources into navigable waters. In NRDC versus Costle, we’ll see whether the EPA administrator has the authority to limit the definition of any and exempt some pollutant discharges from NPDES permit requirements.
In nineteen seventy-two, the NPDES permit program was created as part of the Federal Water Pollution Control Act, the precursor to the Clean Water Act. Section 402 of the act held that the EPA administrator may, quote, “issue a permit for the discharge of any pollutant,” unquote. The EPA exempted many small-scale pollutant discharge sources from the Section 402 requirements, including some agricultural and animal operation sources. The EPA made this decision in order to conserve EPA resources and focus its attention on larger, more significant polluting point sources.
The Natural Resources Defense Council, or NRDC, sued Douglas Costle, the administrator of the EPA, seeking a summary judgment. NRDC claimed that the EPA doesn’t have the authority to exempt any point sources from the NPDES permit program. The EPA argued that the term may in Section Four Oh Two gives the EPA administrator discretion to exempt certain sources. The EPA also argued that it wouldn’t be administratively feasible and that it would place an extraordinary burden on the EPA if it had to approve NPDES permits for every point source. The district court agreed with N R D C and granted its motion for summary judgment. The EPA appealed.
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NRDC v. Costle
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