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Overboard? The Complexity of Traditional TMDL Calculations Under the Clean Water Act
The Clean Water Act (CWA) requires states to calculate total maximum daily loads (TMDLs) of individual pollutants that impair their waters.
Center for Biological Diversity v. U.S. Army Corps of Engineers
The Eleventh Circuit affirmed a district court decision upholding the U.S. Army Corps of Engineers' issuance of four CWA §404 permits to a fertilizer manufacturer engaged in phosphate mining in Florida. The district court found nothing arbitrary or capricious about the Corps’ determination that p...
Oklahoma v. United States Environmental Protection Agency
The Tenth Circuit denied a motion to hold in abeyance a lawsuit concerning EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. It did decide, however, to consider whether to dismiss the case in light of the Trump Administration's repeal and eventual replacement of the rule, and therefor...
Pacific Coast Federation of Fishermen's Ass'ns v. Glaser
The Ninth Circuit reversed the dismissal of a lawsuit concerning a tile drainage system in the San Joaquin Valley that discharged agricultural drainage into navigable waters without an NPDES permit. Fishermen and conservation groups argued the district court erred by placing the burden on them of pr...