Imperial Irrigation District v. United States Environmental Protection Agency

Imperial Irrigation District (“Irrigation District”) petitions for review of a “Finding of Imminent and Substantial Endangerment to the Health of Persons and Administrative Order” entered against it by the Environmental Protection Agency (“EPA”) on December 22, 1992. The EPA invoked its emergency powers to issue the order, pursuant to section 1431(a) of the Safe Drinking Water Act of 1974 (“SDWA”), 42 U.S.C. § 300i(a)(l). The Irrigation District argues that the EPA lacks subject matter jurisdiction to enter the order.

We exercise original jurisdiction over this timely petition for review, pursuant to 42 U.S.C. § 300j — 7(a)(2). We agree with the Irrigation District and vacate the order entered by the EPA.

I.

The Irrigation District was formed in 1911 to bring water from the Colorado River to California’s Imperial Valley. Each year it provides approximately 2.6 million acre-feet of Colorado River water, which is enough to irrigate nearly 500,000 acres in the Valley. The water is delivered through the Irrigation District’s approximately 1,675 miles of open canals and laterals.

The Irrigation District was formed as an irrigation district and sells approximately 98 percent of its…