Legal Envtl. Assistance Found. v. Pegues

ELR Citation: ELR 20998
No(s). 89-H-263- (M.D. Ala. Jul 27, 1989)

The court holds that a state's issuance of a national pollutant discharge elimination system permit under the Federal Water Pollution Control Act (FWPCA) cannot be challenged under the Supremacy Clause in federal district court. The court holds that the Supremacy Clause is inoperative, since plainti...