Question: Because of the spread of the West Nile virus in the state of New York, an insecticide spraying program was implemented to control the mosquitoes responsible for spreading the virus. Several groups sued, arguing that the spray was a pollutant that damaged waters in violation of the Clean Water Act. What criteria should the court use to decide the outcome? See No Spray Coalition, Inc. v. The City of New York , 2000 U.S. Dist. LEXIS 13919, 51 ERC (BNA) 1508 (S.D.N.Y. 2000).