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TMDL Clean Water Act

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

Beveridge & Diamond PC

New Klamath TMDLs: An Impossible Standard?

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During a week full of COVID-19-related uncertainty, a pair of new lawsuits are a reminder of one constant: disputes over Klamath Basin water. This past week, PacifiCorp and Klamath Water Users Association each filed petitions...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

Alston & Bird

California Adopts First-in-Nation Stormwater Permit Incorporating TMDLS

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On November 6, 2018, California adopted the first-in-the-nation stormwater permit incorporating TMDLs and NELs. The new Industrial Stormwater Permit will take effect on July 1, 2020. Is your facility located in the Los...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

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

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

Brownstein Hyatt Farber Schreck

Two Questions Every Industrial Storm Water Permittee Should Answer Before January 1, 2018

If your facility is permitted under California’s Industrial General Storm Water Permit (IGP), then you probably feel like you earned an advanced degree in storm water management with the time and effort it takes to understand...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

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

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

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

Williams Mullen

Chesapeake Bay TMDL Here to Stay

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The U.S. Supreme Court has declined to consider an appeal challenging EPA’s Chesapeake Bay Total Daily Maximum Load (TMDL), thereby bringing to an end the contentious years-long litigation over its legality. The Court’s...more

Beveridge & Diamond PC

Regulators and Environmental Groups Differ on How to Address Stormwater Contribution to Algae Blooms in the Charles River

The battle over phosphorous in the Charles River and its resultant toxic algae blooms is heating up again, with EPA finalizing its MS4 permit targeting municipalities and their stormwater runoff into the river and...more

K&L Gates LLP

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

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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

McGuireWoods LLP

Third Circuit Upholds Chesapeake Bay TMDL

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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

Perkins Coie

Court of Appeal Sinks Challenge to TMDL for Lake Bed Sediment

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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

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