News & Analysis as of

TMDL Appeals

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

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 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

Third Circuit Upholds Chesapeake Bay TMDL

McGuireWoods LLP on

On July 6, the Third U.S. Circuit Court of Appeals issued its ruling in the case of American Farm Bureau Federation v. EPA (No. 13-4079). The ruling, which affirmed an earlier district decision upholding the U.S....more

Miller Starr Regalia

Second District Holds First Tier CEQA Analysis Suffices For Regional Board’s Setting of Novel TMDL For Lake Bed Sediment

Miller Starr Regalia on

In a short published opinion, the Second District Court of Appeal rejected federal Clean Water Act, state Porter Cologne Water Quality Control Act, and CEQA challenges to a regional board’s Basin Plan Amendment establishing a...more

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