Idaho Sportsmen's Coalition v. Browner

ORDER ON EPA’S MOTION TO DISMISS AND PLAINTIFFS’ MOTION FOR ORDER ESTABLISHING TMDL SCHEDULE

DWYER, District Judge.

I. BACKGROUND

This is a citizen suit brought under the Clean Water Act (“CWA”), 33 U.S.C. § 1251 et seq., and the Administrative Procedure Act (“APA”), 5 U.S.C. § 501 et seq., for declaratory and injunctive relief compelling the defendants (collectively the Environmental Protection Agency or “EPA”) to perform certain duties required by the CWA as steps toward ridding Idaho’s rivers, streams, and other waterbodies of pollution. In their first amended complaint, plaintiffs Idaho…