Nat. Res. Def. Council, Inc. v. Costle - 186 U.S. App. D.C. 147, 568 F.2d 1369 (1977)

Rule:

The Environmental Protection Agency Administrator does not have authority to exempt categories of point sources from the permit requirements of § 402 (33 U.S.C.S. § 1342) of the Federal Water Pollution Control Act Amendments, 33 U.S.C.S. §§ 1251-1376.

Facts:

In 1973, the Administrator of Environmental Protection Agency (“EPA”) issued regulations that exempted certain categories of "point sources" of pollution from the permit requirements of Section 402 of the Federal Water Pollution Control Act Amendments (“FWPCA"). According to the EPA, the exemptions were necessary in order to conserve the Agency's enforcement resources for more significant point sources of pollution. The National Resources Defense Council, Inc. ("NRDC") sought a declaratory judgment that the regulations were unlawful under the FWPCA. The NRDC contended that the EPA Administrator did not have authority to exempt any class of point source from the permit requirements of § 402. The District Court granted NRDC's motion for summary judgment, holding that the FWPCA did not authorize the Administrator to exclude any class of point sources from the permit program. The EPA appealed.

Issue:

Did the EPA Administrator have the authority to exempt any class of point source from the permit requirements of § 402?

Answer:

No.

Conclusion:

The Court held that Congress intended the National Pollutant Discharge Elimination System ("NPDES") permit to be the only means by which a discharger from a point source could escape the total prohibition of § 301(a) (33 U.S.C.S. § 1311(a)) of the FWPCA. According to the Court, the wording of the statute, legislative history, and precedents were clear that the Administrator did not have authority to exempt categories of point sources because there was a plain congressional intent to require permits in any situation of pollution from point sources. The Administrator had flexibility in the shaping of the permits by using general or area permits and the Environmental Protection Agency was vested with the power to define point and non-point sources. Accordingly, the Court affirmed the district court’s order granting summary judgment in favor of the NRDC.