ELR Citation: ELR 20081
No(s). s. 02-2247, -2254 (D.D.C. Mar 31, 2008)

A district court held that an industry trade association and oil company had standing to challenge a U.S. Environmental Protection Agency (EPA) rule defining the term "navigable waters" as it applies to the oil spill provision of the Clean Water Act and vacated the rule as arbitrary and capricious. Plaintiffs presented all of the constitutional elements required to show standing and that they may suffer injury-in-fact. Further, plaintiffs' claims are ripe for review. As for the merits, EPA failed to provide a sufficient explanation for its decision to promulgate such a broad definition of "navigable waters." EPA's discussion of the definition of "navigable waters" fails to adequately address the U.S. Supreme Court’s discussion of this term in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), 531 U.S. 159, 31 ELR 20382 (2001), and, therefore, cannot be regarded as the product of reasoned decisionmaking. EPA's definition claims jurisdiction that is co-extensive with Congress’ commerce power, whereas the SWANCC decision makes clear that such jurisdiction is not co-extensive with the commerce power, thereby confirming that EPA failed to take Supreme Court precedent into account and that the rule is arbitrary and capricious.