As soon as they read that decision I thought to myself, "thank god we live on the far east side of a downwind state where the wind splits its time coming from canada and the dakotas"
Gonna be interesting when a fine layer of dust, arsenic, and lead coat everything east of WV. Oh well.
I think the important things here are now "How does your federal circuit want to interpret the exact wording of the CWA?"
All the stuff you cited is very clearly spelled out in CAA.