News & Analysis as of

Environmental Protection Agency (EPA) Discharge of Pollutants TMDL

Troutman Pepper

EPA Reissues Temperature TMDL for Columbia and Lower Snake Rivers

Troutman Pepper on

On August 13, the Environmental Protection Agency (EPA) reissued the Columbia and Lower Snake Rivers Temperature Total Maximum Daily Load (TMDL), which reflects revisions to EPA’s May 18, 2020 Draft TMDL, following a public...more

Pillsbury - Gravel2Gavel Construction & Real...

First Circuit Concludes That EPA Did Not Fail To Perform Nondiscretionary Duties In Connection With TMDLs

On January 24, the U.S. Court of Appeals for the First Circuit decided the case of Conservation Law Foundation, Inc., v. Pruitt. The Pruitt case involves a consolidated appeal from the decisions of the U.S. District Courts in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Action/Clean Water Act: Environmental Group Alleges Failure by U.S. Environmental Protection Agency to Address State...

Northwest Environmental Advocates (“NEA”) filed a November 6th Clean Water Act Citizen Suit Action in U.S. District Court in Washington alleging that the United States Environmental Protection Agency (“EPA”) had failed to: ...more

K&L Gates LLP

EPA’s Chesapeake Bay TMDL Survives Legal Challenge: Stricter Water Quality Regulation of Farms, Municipalities, Industry, and...

K&L Gates LLP on

On July 6, 2015, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously rejected a challenge brought by agricultural and builder groups to the U.S. Environmental Protection Agency’s Chesapeake Bay...more

Perkins Coie

Court of Appeal Sinks Challenge to TMDL for Lake Bed Sediment

Perkins Coie on

A Court of Appeal has upheld the Regional Board’s adoption of the total maximum daily load (TMDL) for concentration of pollutants in the sediment in McGrath Lake, rejecting the claim that TMDLs may not be stated in terms of...more

Holland & Knight LLP

Court Holds for First Time That EPA Cannot Regulate Stormwater as a Pollutant under Clean Water Act

Holland & Knight LLP on

In a significant ruling issued on January 3, 2013, a federal court held for the first time that the Environmental Protection Agency (EPA) cannot regulate stormwater as a "pollutant" under the Clean Water Act....more

Foley Hoag LLP - Environmental Law

EPA’s Authority to Set TMDLs Is Limited: Be Careful What You Wish For

Last week, in Virginia Department of Transportation v. EPA, Judge Liam O’Grady struck down EPA’s attempt to set a TMDL for the Accotink Creek in Virginia based on the rate of total stormwater discharge to the Creek, rather...more

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