General Motors Corporation v. Environmental Protection Agency and Carol M. Browner, Administrator, U.S. Environmental Protection Agency

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The Environmental Protection Agency determined that General Motors violated a Clean Water Act permit issued by the State of Michigan, for which the agency imposed an administrative penalty of $62,500. GM. petitions for review, arguing primarily that the EPA erred in refusing to consider the Company’s collateral attack upon the validity of the state-issued permit. We conclude, first, that the EPA reasonably interpreted the Clean Water Act, 33 U.S.C. § 1311 et seq., to preclude such a collateral attack in the course…