Ohio Valley Environmental v. Scott Pruitt

DIANA GRIBBON MOTZ, Circuit Judge:

Several environmental groups brought this action against the Environmental Protection Agency. They allege that EPA failed to perform its nondiscretionary duty under the Clean Water Act to promulgate pollutant limits for biologically impaired waters in West Virginia. The district court concluded that Plaintiffs have standing to bring this claim and granted summary judgment in their favor. We agree that Plaintiffs have standing, but, for the reasons that follow, we reverse the grant of summary judgment.

I

Congress enacted the Clean Water Act "to restore and…