Facts
The Clean Water Act instructs the Environmental Protection Agency to turn over authority under the National Pollution Discharge Elimination System to a state if that state's proposal meets nine listed criteria. Arizona issued such a proposal. The EPA regional office replied with the concern that the transfer might violate the Endangered Species Act, which prohibits agencies from taking actions that might jeopardize endangered species. The EPA consulted the Fish and Wildlife Service, which advised that the Endangered Species Act was inapplicable because the EPA had no authority to consider additional factors beyond the nine Clean Water Act criteria. On the advice of the Fish and Wildlife Service, the EPA approved the transfer of authority to Arizona.
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“Conventionalities are at length as bad as impurities. Even the facts of science may dust the mind by their dryness, unless they are in a sense effaced each morning, or rather rendered fertile by the dews of fresh and living truth.”
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