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Total maximum daily loads (TMDLs), §303(d)

Columbia Riverkeeper v. Pruitt

A district court ordered EPA to issue a temperature total maximum daily load (TMDL) under the CWA for the Columbia and Snake Rivers, which are native habitat for endangered and threatened salmon and steelhead populations. An...

Ohio Valley Environmental Coalition, Inc. v. Pruitt

The Fourth Circuit reversed a lower court's grant of summary judgment requiring EPA and West Virginia to address coal mining-related water pollution. Environmental groups argued that EPA failed to perform its nondiscretionary duty under...

Environmental Law & Policy Center v. United States Environmental Protection Agency

A district court held it could not rule on the merits as to whether EPA violated the APA when it approved Ohio's 2016 impaired water list, but nevertheless remanded the case to EPA so it could approve or disapprove Ohio's incomplete CWA...

Conservation Law Foundation v. Environmental Protection Agency

A district court held that EPA did not fail to carry out non-discretionary duties under the CWA when it failed to notify certain industrial and commercial dischargers that they are required to obtain discharge permits under the Rhode...

Conservation Law Foundation v. Environmental Protection Agency

A district court held that EPA did not fail to carry out non-discretionary duties under the CWA when it failed to notify certain industrial and commercial dischargers that they are required to obtain discharge permits under the Rhode...

Ohio Valley Environmental Coalition, Inc. v. McCarthy

A district court held that environmental groups have standing to sue EPA under the APA and CWA for its failure to disapprove West Virginia's §303(d) list, which lacks TMDLs for waterbodies previously identified as "biologically impaired...

American Farm Bureau Federation v. United States Environmental Protection Agency

The Third Circuit upheld EPA's TMDL plan for the Chesapeake Bay against challenges from farmer and home building groups. The TMDL—the largest ever developed by EPA—identifies necessary pollution reductions of nitrogen, phosphorus, and...

Southern Appalachian Mountain Stewards v. Red River Coal Co.

A district court granted summary judgment in favor of a coal company, thereby dismissing environmental groups' CWA claim that the company violated its NPDES permit. The dispute centered on the parties' competing interpretations of a...

Sierra Club v. McLerran

A district court held that although EPA did not violate its nondiscretionary duty under the CWA to either approve or disapprove a TMDL for PCBs in the state of Washington, it acted contrary to law in determining that a "Regional Toxics...

Dover, City of v. United States Environmental Protection Agency

A district court dismissed three New Hampshire cities' citizen suit challenging EPA's decision to approve New Hampshire's impaired waters list under the CWA. The cities lack standing because the regulatory decisions that the cities...