This article is reprinted with the permission of Law360, where it originally appeared on July 30, 2014, under the title “Arguing Injury Can Prevent Harm From EPA Water Listing.” The listing of a water body as impaired under the Clean … Continue reading
Tag Archives: nitrogen
Still standing, still intact: Chesapeake Bay TMDL survives second legal challenge
This past September, in a case currently up on appeal before the Third Circuit, the U.S. District Court for the Middle District of Pennsylvania rejected a challenge to the Chesapeake Bay Total Maximum Daily Load (“Bay TMDL”) brought by several … Continue reading
Federal Numeric Nutrient Criteria: A Tragedy in Two Acts
Two separate attempts by two coalitions of environmental groups to prompt EPA to promulgate federal numeric nutrient criteria in two different parts of the country have followed two wildly different courses. A recent decision by the Eastern District of Louisiana invites a brief … Continue reading