Thomas v. Jackson, No. 08-2152
In an action under the Administrative Procedure Act arguing that approval by the EPA of the State of Iowa's 2004 section 303(d) lists violated several aspects of the Clean Water Act, dismissal of plaintiffs' complaint is affirmed where: 1) the record did not support plaintiff's claim that the EPA's partial approval of Iowa's section 303(d) list was arbitrary and capricious; 2) section 303(d) allows the EPA to include all impaired waters on a state's section 303(d) list, but it does not require the EPA to include impaired waters where the EPA has determined the impairment is due to something other than a pollutant; 3) the EPA did not err in dealing with various aspects of Iowa's listing methodology.
Submitted: February 11, 2009
Filed: September 10, 2009
Opinion by Melloy, Circuit Judge