Cahaba Riverkeeper v. Environmental Protection Agency, No. 17-11972 (11th Cir. 2019)Annotate this Case
The EPA has discretion not to commence withdrawal proceedings under 40 C.F.R. 123.64(b) even if it finds that a state's National Pollutant Discharge Elimination System (NPDES) permit program has not always complied with the requirements of the Clean Water Act (CWA).
The Eleventh Circuit affirmed the EPA's decision affirming its previous refusal to commence withdrawal proceedings against Alabama. In regard to the four alleged violations, the court held that the EPA reasonably construed the statutory and regulatory text. The court also held that the EPA's decision not to commence withdrawal proceedings in the face of these alleged violations was not arbitrary, capricious, or an abuse of discretion, or otherwise not in accordance with the law.