Legal Opinion
Waterkeeper Alliance, Inc. v. United States Environmental Protection Agency
Court of Appeals for the Second Circuit
Decided February 28, 2005No. Docket Nos. 03-4470 (L), 03-4621(C), 03-4631(C), 03-4641(C), 03-4849(C), 04-40199(C), 03-40229(C)PublishedCited by 4 opinions
1Opinion of the Court
KATZMANN, Circuit Judge.
In this consolidated petition, we review various challenges to a regulation promulgated by the United States Environmental Protection Agency under the Clean Water Act in order to abate and control the emission of water pollutants from concentrated animal feeding operations. While we deny many of the challenges here brought, we find that several aspects of the regulation violate the express terms of the Clean Water Act or are otherwise arbitrary and capricious under the Administrative Procedure Act. Accordingly, we grant the petitions in part and deny the petitions in…
2Cases cited16 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Weinberger v. Romero-BarceloSupreme Court of the United States · 1982
- Pension Benefit Guaranty Corporation v. LTV Corp.Supreme Court of the United States · 1990
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3Cited by4 opinions
- Sierra Club MacKinac Chapter v. Department of Environmental QualityMichigan Court of Appeals · 2008
- George v. REISDORF BROS., INC.District Court, W.D. New York · 2010
- Sierra Club MacKinac Chapter v. Department of Environmental QualityMichigan Court of Appeals · 2008
- Waterkeeper Alliance, Inc. v. United States Environmental Protection AgencyCourt of Appeals for the Second Circuit · 2005