National Association of Home Builders v. Defenders of Wildlife
United States Supreme Court
551 U.S. 644 (2007)
The Defenders of Wildlife and others (plaintiffs) sued to challenge the EPA's decision, under Clean Water Act section 402(b), to transfer NPDES water-permitting authority to Arizona, arguing that ESA section 7(a)(2) independently required the EPA to first consult with the Fish and Wildlife Service and obtain a no-jeopardy determination for endangered species; the EPA argued section 402(b) imposed an unconditional, exhaustive nine-factor mandate to approve the transfer once those criteria were met. The court of appeals agreed with the challengers, invalidated the transfer as arbitrary and capricious, and the defendants (including the home builders' association and EPA) appealed to the Supreme Court.
Whether the Endangered Species Act requires the Environmental Protection Agency to apply additional criteria when evaluating whether to transfer National Pollutant Discharge Elimination System permitting authority to a State under the Clean Water Act.