76 F.4th 291
4th Cir.2023Background
- Plaintiff Fisheries Reform Group sued several commercial shrimp trawlers operating in North Carolina’s Pamlico Sound under the Clean Water Act (CWA) citizen‑suit provision, alleging unpermitted discharges.
- Alleged unlawful acts: (1) hauling bycatch aboard and then throwing it back overboard (claimed to be "biological materials" = pollutant); and (2) dragging trawl nets that suspend and resettle seabed sediment (claimed to be "dredged spoil" or rock/sand = pollutant).
- Defendants are commercial shrimpers; parties do not dispute Pamlico Sound is navigable water and that vessels qualify as point sources.
- The district court dismissed for failure to state a claim; plaintiffs appealed.
- The Fourth Circuit affirmed: applying the major‑questions doctrine, the court held the CWA does not clearly authorize EPA regulation of returning bycatch, and that trawling merely redistributes existing seabed material (not an "addition" or "dredged spoil").
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether returning bycatch to navigable waters without a CWA permit is a "discharge" of a "pollutant" | Bycatch is "biological materials" under §1362(6); returning it from a boat is an "addition" from a point source | Literal definitions are insufficient; regulating bycatch implicates a distinct fisheries regulatory scheme, federalism concerns, and major economic consequences; EPA has not sought this authority | Major‑questions doctrine applies; no clear congressional authorization from CWA definitions alone; claim dismissed |
| Whether trawl‑disturbed sediment qualifies as "dredged spoil" requiring a §1344 Corps permit | Disturbed seabed becomes dredged spoil (a listed pollutant) that is discharged when resuspended | "Dredged spoil" implies excavation/dredging; nets only temporarily disturb, not dredge | Not "dredged spoil"; Corps §1344 permit not required |
| Whether trawl‑disturbed sediment (rock/sand) is a pollutant "added" to navigable waters requiring an EPA §1342 permit | Rock and sand are listed pollutants; stirring and resuspending them adds pollutants to the water | The sediment already exists in the waterbody; moving it within the same water does not constitute an "addition" (no discharge) | No "addition" — no discharge; EPA §1342 permit not required |
| Whether a citizen suit alleging such CWA violations can effectively compel EPA to regulate fishing practices | CWA definitions permit private enforcement to require permits for these discharges | Such an interpretation would upend the Magnuson‑Stevens fisheries scheme and impose sweeping regulatory and economic consequences; courts should demand clear congressional authorization | Court declined to adopt plaintiff’s expansive reading; citizen suit fails because plaintiff did not plausibly state a CWA discharge claim |
Key Cases Cited
- West Virginia v. EPA, 142 S. Ct. 2587 (2022) (articulating and applying the major‑questions doctrine)
- FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120 (2000) (agency power cannot be inferred from broad statutory definitions absent clear authorization)
- Train v. Colorado Pub. Interest Research Group, 426 U.S. 1 (1976) (refusing to extend CWA coverage to matters governed by a distinct regulatory scheme)
- Solid Waste Agency of N. Cook Cnty. v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001) (declining expansive CWA jurisdiction over wetlands absent clear statutory text)
- Util. Air Regulatory Grp. v. EPA, 573 U.S. 302 (2014) (rejecting literalist reliance on broad definitional language to confer major regulatory authority)
- L.A. Cnty. Flood Control Dist. v. Nat. Res. Def. Council, Inc., 568 U.S. 78 (2013) (movement of material already in a waterbody is not an "addition")
- Coeur Alaska, Inc. v. Se. Alaska Conservation Council, 557 U.S. 261 (2009) (distinguishing Corps §1344 jurisdiction over dredged/fill material)
- Catskill Mountains Chapter of Trout Unlimited, Inc. v. City of New York, 273 F.3d 481 (2d Cir. 2001) (illustrative discussion of "addition" analogy)