Scott v. City Of Hammond, Indiana

741 F.2d 992 (7th Cir. 1984)

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Nature of the Case

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Facts

Scott (P) brought suit against various Ds complaining about the pollution in Lake Michigan, which forced Chicago to close its beaches during the summer of 1980. The District Court dismissed P's allegations against the EPA. P alleged that EPA failed to perform any act or duty under the Clean Water Act. P claimed that EPA failed to prescribe a TMDL for discharge of pollutants into Lake Michigan and that the EPA was under a nondiscretionary duty to ensure that water quality standards adopted under the federal act protect the public health and welfare. Specifically, there was no water quality criteria for hazardous viruses, and there was an inadequate standard for hazardous pathogenic bacteria. The statute placed primary reliance for developing water quality standards on the states. The EPA then reviewed those standards to ensure that they protected the health or welfare, enhanced the quality of the water, and served the purposes of the Act. If the Administrator determines that the state defined standards meet the Act, they are approved and become the state standard. If the Administrator determines that the standards are inconsistent with the Act, they must be disapproved with details necessary to make those changes to come within compliance. If the State does not make the necessary changes, the Commission may issue a substitute standard.