Friends of Pinto Creek v. United States Environmental Protection Agency

In this case, we determine whether the Environmental Protection Agency (“EPA”) properly issued a National Pollution Discharge Elimination System (“NPDES”) permit under the Clean Water Act to Car-lota Copper Company (“Carlota”). The permit allows mining-related discharges of copper into Arizona’s Pinto Creek, a wa-terbody already in excess of water quality standards for copper. Based upon provisions of the Clean Water Act, the implementing regulations, and them applicability to the factual scenario of this case, we vacate the permit and remand.

I. FACTUAL BACKGROUND

Pinto Creek is a desert river located near Miami, Arizona, approximately 60 miles east of Phoenix. It has been listed by the American Rivers Organization as one of the country’s most endangered rivers due to threats from proposed mining operations. Pinto Creek and its riparian environs are home to a variety of fish, birds, and other wildlife, some of which are specially protected. Due to excessive copper contamination from historical mining activities in the region, Pinto Creek is included on Arizona’s list of impaired waters under § 303(d) of the Clean Water Act, 33 U.S.C. § 1313 (d), as a water quality limited…