RESPONDENT: Oklahoma et al.
LOCATION: Seattle Audobon Society
DOCKET NO.: 90-1262
DECIDED BY: Rehnquist Court (1991-1993)
LOWER COURT: United States Court of Appeals for the Tenth Circuit
CITATION: 503 US 91 (1992)
ARGUED: Dec 11, 1991
DECIDED: Feb 26, 1992
Edward W. Warren - on behalf of the Petitioners Arkansas, et al
Lawrence G. Wallace - on behalf of the Petitioner EPA
Robert A. Butkin - on behalf of the Respondent
Facts of the case
Media for Arkansas v. OklahomaAudio Transcription for Oral Argument - December 11, 1991 in Arkansas v. Oklahoma
Audio Transcription for Opinion Announcement - February 26, 1992 in Arkansas v. Oklahoma
John Paul Stevens:
The second case is Arkansas against Oklahoma, and Environmental Protection Agency against Oklahoma, it is actually two separate cases covered in one opinion.
Pursuant to the Clean Water Act, the Environmental Protection Agency issued a discharge permit to a new sewage treatment plant in Fayetteville, Arkansas.
Under the permit, the plant was allowed to discharge part of its affluent into the Illinois River about 39 miles upstream from the Arkansas-Oklahoma State line.
In support of the permit, the EPA made a finding that discharges from the plant would not cause a detectable violation of Oklahoma's water quality standards.
Oklahoma challenged that decision and the Court of Appeals ruled that the EPA had erroneously concluded that the plant's discharge would not violate the Oklahoma's standards.
Based on our interpretation of the statute, the regulations in the relevant precedents, we conclude that EPA's application and interpretation of the Oklahoma standard was proper, and that the EPA's issuance of the Fayetteville permit was consistent with its statutory authority, and we therefore reverse the judgment of the Court of Appeals.
Our opinions in both cases I have announced are unanimous.