Defenders of Wildlife v. United States Environmental Protection Agency

TACHA, Chief Circuit Judge.

Plaintiffs-Appellants Defenders of Wildlife and Forest Guardians are environmental advocacy groups. They filed suit challenging the Defendant-Appellee United States Environmental Protection Agency’s (“EPA”) approval of New Mexico’s water quality standards as contrary to the federal Clean Water Act (“CWA”). See 33 U.S.C. § 1251 et seq. The Plaintiffs contend that the New Mexico regulation exempts pollutants emanating from flood control and irrigation facilities from five CWA-required water quality standards. See N.M. Admin. Code tit. 20, § 6.4.12. The District Court…