ELR Citation: ELR 20205
No(s). 08-2152 (8th Cir. Sep 10, 2009)

The Eighth Circuit affirmed a lower court decision dismissing an environmental group's complaint against EPA challenging its approval of Iowa's CWA §303(d) list. The group argued that because Iowa failed to consider all relevant data, including its §305(b) report, EPA also failed to consider important information when approving the §303(d) list. But the regulations do not require Iowa to include all §305(b) waters on its §303(d) list, and Iowa provided a rationale for each §305(b) water that it did not include on its draft §303(d) list. Whether Iowa has shown "good cause" for its determination not to include §305(b) waters on the §303(d) list is a question for which EPA's judgment is given deference. The group also claimed that EPA erred by allowing Iowa to omit from its §303(d) list waters that were impaired but not by any "pollutant" as defined by CWA §502(6). Although §303(d) may allow EPA to include all impaired waters on a state's §303(d) list, it does not require EPA to include impaired waters where the Agency has determined that the impairment is due to something other than a pollutant. The court also rejected claims that EPA erred by inappropriately addressing several aspects of Iowa's listing methodology.