Natural Resources v. Epa

I. BACKGROUND

A. 1972 Amendments to the CWA

In 1972, Congress amended the CWA, codified at 33 U.S.C. §§ 1251-1387, in order “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” 33 U.S.C. § 1251(a). In furtherance of this goal, the CWA prohibits the “discharge of any pollutant” except in compliance with the CWA’s provisions.2 Id. § 1311(a). One such provision is embodied by section 402 of the CWA which establishes the NPDES — a system requiring permits for any discharge of pollutants from a point source. Id. § 1342.

B. The CWA as Amended by the Water Quality Act of 1987

Recognizing the environmental threat posed by storm water runoff, Congress passed the Water Quality Act of 1987 (WQA). See Pub. L. No. 100-4, 101 Stat. 7 (1987) (codified as amended in scattered sections of 33 U.S.C.); see also 132 Cong. Rec. 32,381 (1986). The WQA added sections 402(l) and (p) to the CWA, setting up a new scheme for regulation of storm water runoff.

Section 402(l) exempts certain storm water sources from NPDES permitting. 33 U.S.C. § 1342(l). With respect to 2 The “discharge of a pollutant” is defined as “any addition of any pollu- tant to…