Food & Water Watch, Inc. v. Usepa

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FOOD & WATER WATCH; SNAKE No. 20-71554

RIVER WATERKEEPER, INC.,

Petitioners,

OPINION

v.

U.S. ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

On Petition for Review of an Order of the Environmental Protection Agency

Argued and Submitted May 6, 2021 Portland, Oregon

Filed September 16, 2021

Before: William A. Fletcher and Michelle T. Friedland, Circuit Judges, and Frederic Block,* District Judge.

Opinion by Judge W. Fletcher

* The Honorable Frederic Block, United States District Judge for the Eastern District of New York, sitting by designation. FOOD & WATER WATCH V. USEPA

SUMMARY**

Clean Water Act

The panel granted a petition for review brought by petitioner environmental organizations challenging a National Pollutant Discharge Elimination System (“NPDES”) Permit issued by the Environmental Protection Agency (“EPA”) for Concentrated Animal Feeding Operations (“CAFOs”) in Idaho.

The Clean Water Act prohibits the discharge of any pollutant by any person from any point source into the navigable waters of the United States except when the discharge is authorized…