TMDL

News & Analysis as of

2014 IGP Challenge Filed

A petition for Writ of Mandate was filed May 8 asking Alameda Superior Court to order the State Water Resources Control Board (SWRCB) to immediately reopen and modify the new Industrial General Permit (IGP), adopted April 1,...more

Post-Construction Stormwater Controls

My last post focused on EPA’s effective denials of three petitions asking the Agency to require broad groups of industrial, commercial and institutional facilities to obtain stormwater permits. Those petitions argued that the...more

Cooperative Federalism Is Even Messier Than We Thought: 21 States Oppose the Chesapeake Bay TMDL

Last fall, the District Court for the Middle District of Pennsylvania affirmed EPA’s TMDL for the Chesapeake Bay. As I noted at the time, Judge Rambo pointed to the sometimes “messy and cumbersome” nature of cooperative...more

Citizens Are Not Harmed By the Concept of Pollution Trading: A Challenge to the Chesapeake Bay TMDL Is Dismissed

On December 13, the District Court for the District of Columbia dismissed plaintiffs’ challenge in Food and Water Watch v. EPA to the Chesapeake Bay TMDL’s discussion of pollution trading and offsets. As I had previously...more

Cape Cod TMDL Litigation; CLF Is Still In There Swinging

In September, I noted that Judge Mark Wolf had dismissed CLF’s law suit challenging EPA’s approval of the TMDLs for the Cape Cod embayments, ruling that CLF did not have standing. CLF, as is its wont, is not going gentle...more

Federal Court Upholds the Final TMDL for the Chesapeake Bay in Important Decision Involving Cooperative Federalism

In a case of first impression, the United States District Court for the Middle District of Pennsylvania upheld the EPA's authority to establish a final total maximum daily load (TMDL) for the Chesapeake Bay Watershed that...more

Cooperative Federalism is “Messy and Cumbersome” — EPA’s Chesapeake Bay TMDL is Upheld

Last Friday, in American Farm Bureau Federation v. EPA, Judge Sylvia Rambo upheld EPA’s Chesapeake Bay TMDL. As Judge Rambo noted in her conclusion, while the environmental problems associated with the Chesapeake Bay are...more

Standing Matters, TMDL Version

Last week, in Conservation Law Foundation v. EPA, Judge Mark Wolf ruled that CLF did not have standing to challenge EPA’s approval of total maximum daily loads promulgated for certain waters in and around Cape Cod. Given the...more

California Environmental Law and Policy Update - January 10, 2013

In This Issue: Environmental and Policy Focus - Supreme Court rejects Ninth Circuit ruling on County of L.A. storm water discharges; Federal judge halts major Lake Tahoe ski resort expansion; Lawsuit seeks to stop Rose...more

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

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

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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