Sanitary Brd of Charleston v. Andrew Wheeler

WILKINSON, Circuit Judge:

The Clean Water Act vests the Administrator of the Environmental Protection Agency (EPA) with the authority to review the water quality standards proposed by a state. In 2015, West Virginia submitted a revised standard for the receiving waters of the Charleston Sanitary Board's wastewater treatment facility along the Kanawha River. The EPA disapproved the standard. The Sanitary Board challenged this decision on two grounds. First, the Board alleged that the EPA had no discretion to disapprove the standards. The district court rejected this argument on the merits, a…