I stand corrected... somewhat. As previously stated, “Looks like all they won was the right to sue, not an actual decision against the EPA.” Wait until they come back around and it means something...
"And there is no reason to think that the Clean Water Act was uniquely designed to enable the strong-arming of regulated parties into “voluntary compliance” without the opportunity for judicial review—even judicial review of the question whether the regulated party is within the EPA’sjurisdiction. Compliance orders will remain an effective means of securing prompt voluntary compliance in those many cases where there is no substantial basis to question their validity".