National Resources Defense Council v. U.S. Environmental Protection Agency

MEMORANDUM AND ORDER ON PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

This matter is before the Court on a motion for partial summary judgment brought by Plaintiffs Natural Resources Defense Council (“NRDC”) and Water-keeper Alliance (collectively “Environmental Plaintiffs”) and Intervenor Plaintiffs State of New York, New York State Department of Environmental Conservation, and State of Connecticut (collectively “States” or “State Plaintiffs”) against Defendants United States Environmental Protection Agency and Stephen L. Johnson (collectively “EPA”) and Intervenor Defendants National Association of Home Builders and Associated General Contractors of America (collectively “Intervenor Defendants”). We heard oral argument on this matter, and ordered further briefing in light of such hearing. After carefully considering all the papers filed and the parties’ arguments in court, we rule as follows.

The parties are familiar with the facts in the current action. Thus, we will not repeat any facts except as necessary.

I.

Introduction

The issue before us is the scope of the EPA’s obligations under the Clean Water Act (“the Act”), specifically 38 U.S.C. §§ 1314 (b), 1314(m), and…