City of Arcadia v. United States Environmental Protection Agency

Several municipalities in the Los Ange-les area (“Cities”) challenge administrative actions taken by the Environmental Protection Agency (“EPA”) pursuant to- section 303(d) of the Clean Water Act, 33 U.S.C. § 1313 (d). The EPA established a total maximum daily load (“TMDL”) that limited the amount of trash that can be-discharged into the Los Angeles River. The EPA subsequently approved the State of California’s separately established TMDL, which was deemed to supersede the federal standard. The Cities challenge the EPA’s authority to approve the State TMDL. The district. court dismissed this claim pursuant to rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted. We affirm because we conclude that the Clean Water Act permits the EPA’s action.

I. Regulatory Background

In an effort “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters,” Congress enacted the Clean Water Act with the stated “goal that the discharge of pollutants into the navigable waters be eliminated by 1985.” 33 U.S.C. § 1251 (a), (a)(i).

The Clean Water Act offers two approaches for controlling water…