2nd Circuit Upholds EPA's Water Transfer Rule Citing Chevron Deference

Abstract

First he says that in the first part of Chevron's two-part analysis, he would hold "that the plain language and structure of the Act is unambiguous and clearly expresses Congress?s intent to prohibit the transfer of polluted water from one water body to another distinct water body without a permit. [...]prior decisions from the 2nd Circuit and the Supreme Court make clear the unitary waters theory is inconsistent with the plain and ordinary meaning of the text of the CWA and its purpose," Chin continues. [...]even if Chevron step one finds the CWA language ambiguous, Chin says he would find during step two analysis "that the Water Transfers Rule is an unreasonable, arbitrary, and capricious interpretation of the Act."