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Natural Resources Defense Council, Inc. v. Environmental Protection Agency

ELR Citation: 50 ELR 20217
Nos. 16-1861 (JDB), (D.D.C., 09/21/2020) (Bates, J.)

A district court denied a motion to reconsider its 2018 ruling that gave EPA discretion as to how to establish a new TMDL for trash in the Anacostia River. An environmental group argued that little progress had been made since the 2018 ruling and that the court should require the Agency to establish a TMDL within one year. The court found that while the two and a half years that had elapsed since the 2018 ruling were "undoubtedly an understandable source of frustration" for the group, it was not enough to justify reconsideration of the court's prior decision. It therefore denied the group's motion to set a deadline for establishing a TMDL, but required EPA to submit detailed status reports every three months going forward.