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Davis v. Administrator of the United States Environmental Protection Agency

Citation: 41 ELR 20299
No. 10-15513, 11-1113, (11th Cir., 09/15/2011)

The Eleventh Circuit affirmed a lower court decision dismissing individuals' claims that a city violated its NPDES permit for municipal separate storm sewer systems (MS4s). They alleged that the city's MS4 discharges into an estuary are causing and contributing to ongoing violations of the water quality standards for dissolved oxygen, nutrients, mercury, and acute toxicity. But the individuals failed to show that the city's discharge exceeded the amount authorized by its NPDES permit. Moreover, they failed to state what permit conditions the city was actually violating.