American Forest and Paper Association v. United States Environmental Protection Agency

JERRY E. SMITH, Circuit Judge:

Pursuant to the Clean Water Act (“CWA”), 33 U.S.C. § 1251 et seq., the Environmental Protection . Agency. C‘EPA”) delegated to Louisiana the responsibility for administering the Louisiana Pollutant Discharge Elimination System (“LPDES”). In exchange for its approval, EPA required Louisiana to con- suit with the Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (“NMFS”.) before issuing permits. If FWS or NMFS determines that the proposed permit threatens endangered species—and if Louisiana refuses to modify the permit—EPA will veto the…