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: TMDLs
Challenging EPA’s administration of the Clean Water Act for failure to consider climate impacts
Environmental interests have seemingly embarked on a new campaign to challenge the EPA’s administration of the Clean Water Act (CWA) for failure to consider the impacts of climate change. In some instances, they have opposed consent decrees that EPA has proposed to resolve violations associated with combined … Continue reading
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
District Court nixes the use of nonpollutants as surrogates for pollutants in the development of TMDLs
Earlier this year, a federal district court in Virginia issued an opinion that could present challenges for environmental regulators seeking to address impairment of water resources caused by sediment from stream bank and streambed erosion. In Va. Dep’t of Transp., … Continue reading