Oklahoma v. Environmental Protection Agency

Tenth Circuit

Oklahoma v. Environmental Protection Agency

962 F.2d 996

Procedural entryThis page is a short order in Oklahoma v. Environmental Protection Agency. Read the opinion of the Court — 908 F.2d 595 →

Court of Appeals for the Tenth Circuit·Decided April 27, 1992·No. Nos. 89-9503, 89-9507 and 89-9516·Published

Opinion

BRORBY, Circuit Judge.

We originally decided this ease in an opinion found at 908 F.2d 595 (10th Cir.1990), in which this court construed the Clean Water Act as prohibiting any discharge of effluent that would reach waters already in violation of existing water quality standards.

The Supreme Court granted certiorari and in an opinion issued February 26, 1992, reversed the decision of this court. — U.S. —, 112 S.Ct. 1046, 117 L.Ed.2d 239 (1992).

We therefore AFFIRM the decision of the Environmental Protection Agency and REMAND this case to the Environmental Protection Agency.

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BRORBY, Circuit Judge.

We originally decided this ease in an opinion found at 908 F.2d 595 (10th Cir.1990), in which this court construed the Clean Water Act as prohibiting any discharge of effluent that would reach waters already in violation of existing water quality standards.

The Supreme Court granted certiorari and in an opinion issued February 26, 1992, reversed the decision of this court. — U.S. —, 112 S.Ct. 1046, 117 L.Ed.2d 239 (1992).

We therefore AFFIRM the decision of the Environmental Protection Agency and REMAND this case to the Environmental Protection Agency.

Oklahoma v. Environmental Protection Agency, 962 F.2d 996 (10th Cir. 1992).

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Opinion

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