“Thus, rather than establishing the categorical ban announced by the Court of Appeals—which might frustrate the construction of new plants that would improve existing conditions—the Clean Water Act vests in the EPA and States broad authority to develop long-range, area-wide programs to alleviate and eliminate existing pollution.”
Arkansas v. Oklahoma, 503 U.S. 91, 108 (1992)(emphasis added) (internal citation omitted).
Here, the Court is determining if the EPA has authority to regulate interstate water pollution under the Clean Water Act when an upstream polluter releases effluent but the effluent does not further degrade existing water quality standards. The Court reasons, in part, that the statute itself gives the EPA broad authority to
Arkansas v. Oklahoma, 503 U.S. 91, 108 (1992)(emphasis added) (internal citation omitted).
Here, the Court is determining if the EPA has authority to regulate interstate water pollution under the Clean Water Act when an upstream polluter releases effluent but the effluent does not further degrade existing water quality standards. The Court reasons, in part, that the statute itself gives the EPA broad authority to