Legal Opinion
Ohio Valley Environmental Coalition v. Horinko
District Court, S.D. West Virginia
Decided August 29, 2003No. CIV.A. 3:02-0059PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM OPINION & ORDER
GOODWIN, District Judge.
This case involves a challenge to the Environmental Protection Agency’s (the EPA’s) decision, pursuant to its authority under section 303(c) of the Clean Water Act, 33 U.S.C. § 1313(c), to approve the State of West Virginia’s antidegradation implementation procedures, a set of procedures designed to prevent the degradation of the State’s waters. For the reasons that follow, the court concludes that the EPA acted arbitrarily and capriciously in approving West Virginia’s antidegradation procedures. With respect to seven particular aspects of…
2Cases cited39 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Warth v. SeldinSupreme Court of the United States · 1975
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
34 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kentucky Waterways Alliance v. JohnsonCourt of Appeals for the Sixth Circuit · 2008
- The Sierra Club v. U.S. EPACourt of Appeals for the Eleventh Circuit · 2004
- Northwest Environmental Advocates v. United States Environmental Protection AgencyDistrict Court, D. Oregon · 2012
- Kentucky Waterways Alliance v. JohnsonDistrict Court, W.D. Kentucky · 2006
- E. Ron Pickard and Linda Pickard, as Trustees of the Sharon Charitable Trust and as Individuals v. Tennessee Department of Environment and Conservation, Tennessee Water Quality Control Board and Tennessee Materials CorporationCourt of Appeals of Tennessee · 2012
7 more not listed; retrieve them via the Exa API.