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Environmental Protection Agency (EPA) TMDL

Bricker Graydon LLP

US EPA Approves Ohio’s Maumee Watershed Nutrient TMDL

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On September 28, 2023, US EPA announced its final review and approval of the Maumee River Watershed Nutrient Total Maximum Daily Load (Maumee TMDL), which Ohio EPA submitted for approval on June 30, 2023. In issuing its...more

(ACOEL) | American College of Environmental...

Who Will Stop the Rain?

The Ohio EPA has adopted and submitted to US EPA for approval the Maumee Watershed Nutrient Total Maximum Daily Load (TMDL) to address impairments to drinking water, aquatic life and recreational uses in shoreline and open...more

Troutman Pepper

EPA Reissues Temperature TMDL for Columbia and Lower Snake Rivers

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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

K&L Gates LLP

In Search of Cooler Waters: Implementing EPA's Temperature Limits on the Columbia and Lower Snake Rivers

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The Washington State Department of Ecology (Ecology) is hosting an informal meeting on January 28, 2021 to discuss implementing the U.S. Environmental Protection Agency’s (EPA) new total maximum daily load (TMDL) for...more

Bricker Graydon LLP

Ohio EPA issues long-awaited water quality report

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The Ohio Environmental Protection Agency's (Ohio EPA) draft "2020 Integrated Water Quality Monitoring and Assessment Report" was issued and is now available for review and comment through close of business on March 13, 2020....more

Beveridge & Diamond PC

Ninth Circuit Orders EPA to Develop Total Maximum Daily Loads for Temperature on the Columbia and Snake Rivers

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On December 20, 2019, the U.S. Court of Appeals for the Ninth Circuit ordered the Environmental Protection Agency (EPA) to issue “long overdue” total maximum daily loads (TMDLs) for water temperature for the Columbia and...more

Foley Hoag LLP - Environmental Law

Cooperative Federalism Still Requires Two To Tango

Earlier this month, the 9th Circuit Court of Appeals held that a long-term failure by a state to submit to EPA a TMDL for an impaired water can constitute a “constructive submission” of no TMDL, triggering an obligation on...more

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

303(d) and TMDLs/Clean Water Act: Association of Clean Water Administrators Report

The Association of Clean Water Administrators (“ACWA”) published a report titled: 303(d) and TMDLs: State of the States (“Report”)...more

Williams Mullen

Environmental Notes - June 2019

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If your company is planning to buy commercial or industrial real estate, it’s probably your standard practice to have a Phase I Environmental Site Assessment (“Phase I”) performed. When you do so, it’s important to ensure the...more

Bricker Graydon LLP

Ohio EPA proposes new TMDL rules

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Last week, Ohio Environmental Protection Agency (EPA) proposed amendments to three rules pertaining to modeling and total maximum daily loads (TMDLs) in Ohio Administrative Code Chapter 3745-2. ...more

Bricker Graydon LLP

Judge Carr Dismisses Lake Erie litigation

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Judge Carr issued an order on October 3, 2018, in Environmental Law and Policy Center, et al., v. U.S. EPA, et al., effectively dismissing the litigation and providing no clear path forward for challenges of Ohio EPA’s plan...more

Foley Hoag LLP - Environmental Law

The Constructive Submission Doctrine - Not Much of a Club Against States or EPA

Earlier last week, the 4th Circuit Court of Appeals reversed a District Court opinion and held that West Virginia had not “constructively submitted” no TMDLs for waters affected by ionic toxicity. (And, yes, that sentence is...more

Pillsbury - Gravel2Gavel Construction & Real...

Fourth Circuit Rejects “Construction Submission” Theory In Case Against West Virginia

On June 20, the U.S. Court of Appeals for the Fourth Circuit decided what be a very important decision for companies with mining interests in West Virginia, impacting their ability to comply with the Clean Water Act (CWA)....more

Shumaker, Loop & Kendrick, LLP

Client Alert: Court Puts U.S. EPA, Lake Erie Impairment on the Clock

Judge James J. Carr of the United States District Court for the Northern District of Ohio issued a decision today putting the U.S. Environmental Protection Agency (EPA) on the clock to decide in the next 30 days whether or...more

Beveridge & Diamond PC

First Circuit Shuts Down Use of TMDLs to Expand NPDES Stormwater Permitting

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The past several months have witnessed multiple attempts by environmental groups bring currently unregulated entities that discharge stormwater into the Clean Water Act (CWA) National Pollution Discharge Elimination System...more

Foley Hoag LLP - Environmental Law

EPA Approvals of TMDLs Are Not “Drive-by Permitting Determinations”

Last week, the First Circuit Court of Appeals rejected the Conservation Law Foundation’s argument that EPA’s acceptance of TMDLs in Rhode Island and Massachusetts carried with it a concomitant obligation to require permits of...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

Nossaman LLP

Court Sends EPA Back to the Drawing Board on Temperature Limits in Oregon Waters

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On April 11, 2017, the United States District Court for the District of Oregon ruled on parties’ objections to a federal magistrate judge’s findings and recommendations in a case challenging the U.S. Environmental Protection...more

Foley Hoag LLP - Environmental Law

Promulgation of TMDLs Does Not Create a Non-Discretionary Duty to Require NPDES Permits

When EPA approved total maximum daily loads for the Charles River, but failed to require NPDES permits for persons discharging stormwater to the Charles, CLF sued. CLF alleged that EPA violated a non-discretionary duty when...more

Foley Hoag LLP - Environmental Law

EPA Has a Nondiscretionary Duty to Review West Virginia’s Failure to Submit TMDLs

Acting in response to state legislation, the West Virginia Department of Environmental Protection ceased work on promulgation of total maximum daily loads related to ionic toxicity. Ionic toxicity is a consequence of...more

Beveridge & Diamond PC

Stormwater Forecast: Prepare for More Aggressive Benchmark Monitoring and Corrective Action Requirements under the Next Proposed...

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EPA is expected to propose a revised system of benchmark monitoring and corrective action requirements to replace those of the current 2015 Multi-Sector General Permit for Stormwater Associated with Industrial Activities...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

McGuireWoods LLP

EPA Directs States and Tribes to Tackle 6 Water Quality Priorities

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In its recently published guidance, Priorities for Water Quality Criteria and Standards Programs FY 2017-2018, the EPA directs state and tribal environmental agencies to tackle six challenging water quality issues in the...more

Williams Mullen

Environmental Notes - March 2016

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U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

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