Natural Resources Defense Council v. United States Environmental Protection Agency

I agree with the majority that at step one of the analysis under Chevron v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984), the plain language of section 402(Z )(2) of the Clean Water Act (“section 402(Z)(2)”), 33 U.S.C. § 1342(Z)(2), as amended by the Energy Policy Act of 2005, does not unambiguously indicate whether Congress intended the exemption from National Pollutant Discharge Elimination System (“NPDES”) permitting to cover storm water discharges contaminated solely with sediment. I further agree that the scant legislative histories for…