ELR Citation: 45 ELR 20075
No(s). 2:14CV00024 (W.D. Va. Apr 14, 2015) (Jones, J.)

A district court granted summary judgment in favor of a coal company, thereby dismissing environmental groups' CWA claim that the company violated its NPDES permit. The dispute centered on the parties' competing interpretations of a boilerplate condition of all of the company's NPDES permits that provides that discharges "must be made in compliance with the TMDL and any applicable TMDL implementation plan." The group argued that the provision incorporates a TMDL subsequently developed by the state and approved by EPA. Because the group alleged that the company's discharges are higher than the allowable discharges set forth in the TMDL, the company would be in violation of the NPDES permit under this interpretation. The company, meanwhile, claimed that the TMDL is not directly binding through the boilerplate condition and that the proper interpretation of the condition requires a phased implementation of such standards, as overseen by the state. Based on the record provided, the court ruled in favor of the company. The company produced evidence of the state's interpretation of the permit language, as well as the opinions of agency officials that the company is in compliance with the permit conditions. Because the groups do not challenge the agency’s interpretation of the permit conditions or the relevant statutes, but merely the company's compliance with the permit, there is no genuine issue of material fact to preclude summary judgment.