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Conservation Law Foundation v. EPA

ELR Citation: 48 ELR 20013
Nos. 17-01354, (1st Cir., 01/24/2018)

The First Circuit held that stormwater running off parking lots and other paved surfaces at Harvard, MIT, and other Boston-area universities will remain unregulated even though it may be polluting the Charles River and its tributaries. An environmental group sought to compel EPA to regulate the discharges, since the Agency had previously approved TMDLs of pollutants arising from regulated and unregulated sources, which include the universities, located along the banks of the Charles River. The group asked that EPA use its residual designation authority to regulate the stormwater runoff. The court held that EPA is under no obligation to regulate universities even if the agency has identified them as potential contamination sources in a plan to restore the Charles River.