Structure of statute: The Clean Water Act (CWA) and the basis of it all stated in 1948 when it was known as the Federal Water Pollution Control Act, but over the years this law significantly changed and finally modified and organized into the CWA in 1972. Like most other environmental law this one is also overseen by the EPA. This law was created at the time of industrialization when the booming industries stared to discharge pollutant directly into the water supply such as streams, rivers, lakes, etc. The industries gave rise to the toxic pollutants that caused significant damage to the environment and the water supply. To tackle these things EPA set forth a lot of rules and regulations as well as industry standards for all surface contaminants. This law made sure that no pollutant were discharged what’s …show more content…
They argued that EPA’s ordering of this discharge is a clear violation of the Clean Water Act 33 U.S.C.S. §§ 1251-1387. The river was already identified as TMDL the river couldn’t handle more without violating the act however the EPA argued in court and that establishment of TMDL under U.S.C.S. §§ 1313(d) and the court found that the decisions were already made in a lower court under U.S.C.S. §§ 11369(b)(1). Due to lack of jurisdiction of the court the case was dismissed and transferred to a different court for further