Natural Resources Defense Council v. United States Environmental Protection Agency

Petitioners seek review of permits issued by the United States Environmental Protection Agency (“EPA”) authorizing the operators of log transfer facilities in Aaska to release bark and woody debris into marine waters. We conclude that the EPA faded to provide adequate notice and opportunity for comment prior to issuing the final general permits, and we grant the petition for review in part.

I

To achieve the goal of reducing and eventually eliminating pollution, Congress prohibited the “discharge of any pollutant” from a “point source” into the waters of the United States, unless that discharge complies with the Clean Water Act (“CWA”) of 1971, 33 U.S.C. §§ 1251-1387 . 33 U.S.C. §§ 1311 (a), 1342. The National Pollutant Discharge Elimination System (“NPDES”) is one of the primary means of *1183 controlling water pollution under the CWA. See CWA § 402, 33 U.S.C. § 1342 . Under the NPDES, a pollutant cannot be discharged from a point source unless the discharge is authorized by an NPDES permit. See id.; see also CWA § 301, 33 U.S.C. § 1311 . A state may create its own program for issuing NPDES permits. See CWA § 402(a)-(c), 33 U.S.C. § 1342 (a)-(c). Alaska has not chosen to do so,…