Mercer Law Review, Vol. 56, No. 4 (2005), pp. 1255-1272


In 2004 courts in the Eleventh Circuit addressed several Clean Water Act issues. The Eleventh Circuit Court of Appeals arguably expanded the scope of the injuries a plaintiff may allege to have standing to sue under the Clean Water Act. The court held that the federal court had jurisdiction over a Clean Water Act citizen suit alleging violations of a permit issued by the State of Georgia under its permitting program authorized under the Act. The Eleventh Circuit also addressed whether a Florida state regulation effectively revised or added to the state's Clean Water Act, which mandated water quality standards, necessitating a formal Environmental Protection Agency ("EPA") review and approval of the regulation. In an appeal from the Eleventh Circuit, the United States Supreme Court held that a pump, which moves contaminated water from one water body to another but does not itself add pollutants to the water, is nevertheless a point source for purposes of the Act.4 Finally, the United States District Court for the Northern District of Georgia held that the Corps of Engineers was not required to produce an Environmental Impact Statement ("EIS") for the issuance of a Section 4045 permit for the construction of one of many pending reservoir projects in north Georgia.