Weekly Cases Update Volume 43, Issue 3

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 43, Issue 1

Virginia Department of Transportation v. EPA
ELR 200021:12-CV-775(E.D. Va., )

A district court held that EPA cannot regulate stormwater as a pollutant under the CWA. According to the court, the language of CWA §303(d)(1)(C) is clear. EPA may set TMDLs to regulate pollutants, and pollutants are carefully defined.

Keywords:
Total maximum daily loads (TMDLs), §303(d)
Waterkeeper Alliance v. Hudson
ELR 2001010-487(D. Md., )

A district court dismissed an environmental group's CWA action against a poultry farm claiming that it illegally discharged chicken litter into tributaries of the Chesapeake Bay.

Keywords:
Citizen suits, §505, Nonpoint source discharges
Natural Resources Defense Council v. EPA
ELR 2000108-1250(D.C. Cir., )

The D.C. Circuit ordered EPA to repromulgate two final rules it issued under the CAA concerning the implementation of the NAAQS for fine particulate matter (PM).

Keywords:
National ambient air quality standards (NAAQS), §109

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