Decker v. Northwest Environmental Defense Center

Decker v. Northwest Environmental Defense Center
Decided March 20, 2013
Full case nameDecker v. Northwest Environmental Defense Center
Citations568 U.S. 597 (more)
Holding
A provision of the Clean Water Act governing challenges to Environmental Protection Agency actions, 33 U.S.C. § 1369(b), does not prohibit a citizen suit under Section 1365 when the suit is against an alleged violator and seeks to enforce an obligation imposed by the CWA or its regulations.
Court membership
Chief Justice
John Roberts
Associate Justices
Antonin Scalia · Anthony Kennedy
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Sonia Sotomayor · Elena Kagan
Case opinions
MajorityKennedy, joined by Roberts, Thomas, Ginsburg, Alito, Sotomayor, Kagan; Scalia (Parts I & II)
ConcurrenceRoberts, joined by Alito
Concur/dissentScalia
Breyer took no part in the consideration or decision of the case.
Laws applied
Clean Water Act

Decker v. Northwest Environmental Defense Center, 568 U.S. 597 (2013), was a United States Supreme Court case in which the court held that a provision of the Clean Water Act governing challenges to Environmental Protection Agency actions, 33 U.S.C. § 1369(b), does not prohibit a citizen suit under Section 1365 when the suit is against an alleged violator and seeks to enforce an obligation imposed by the CWA or its regulations. The court also held that the case was not moot due to regulations issued in the interim. The case was consolidated with Georgia-Pacific West, Inc. v. Northwest Environmental Defense Center.[1][2]

References

  1. ^ Decker v. Northwest Environmental Defense Center, 568 U.S. 597 (2013).
  2. ^ Elwood, John (March 22, 2013). "Opinion analysis: Too soon to say "au revoir" to Auer?". SCOTUSblog. Retrieved October 15, 2025.
  • Text of Decker v. Northwest Environmental Defense Center, 568 U.S. 597 (2013) is available from: Justia

This article incorporates written opinion of a United States federal court. As a work of the U.S. federal government, the text is in the public domain.