(United States Fourth Circuit) - Reversed. Several environmental groups brought suit against the EPA for failing to perform duties under the Clean Water Act as to impaired waters in West Virginia. The district court found that plaintiffs absorb standing to bring the claim and granted summary judgment in their favor. The appellate court agreed that plaintiffs absorb standing, but reversed the grant of summary judgment. The appellate court reasoned that the doctrine of constructive submission under 33 USC section 1313(d)(2) which would absorb triggered the EPA’s duty to act was overcome by West Virginia’s partial compliance and agreement to do more. Therefore constructive submission would not apply and summary judgment improper.
Source: findlaw.com