American Wildlands v. Browner

TACHA, Chief Circuit Judge.

This appeal presents a challenge by Appellant American Wildlands to the Environmental Protection Agency’s (“the EPA”) approval pursuant to the Clean Water Act of certain of Montana’s water quality standards. Specifically, two questions are presented to this court for review: (1) whether the EPA properly approved Montana’s statutory exemption from antidegradation review of nonpoint sources of pollution; and (2) whether the EPA properly approved Montana’s mixing zone policies and procedures. The district court held in favor of the EPA. We exercise jurisdiction…