News & Analysis as of

TMDL Discharge of Pollutants

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

by 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

Court of Appeal Sinks Challenge to TMDL for Lake Bed Sediment

by 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

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

by 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

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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