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Water quality standards, §303

Maine v. McCarthy

A district court held the CWA's citizen suit provision does not allow for judicial review of EPA's decision to disapprove Maine's water quality standards. In 2015, EPA issued a formal decision in which it approved some of Maine’s water...

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...

Puget Soundkeeper Alliance v. United States Environmental Protection Agency

A district court ordered EPA to promulgate revised water quality standards for Washington state by September 15, 2016, or, in the alternative, by November 15, 2016, if the state submits its own water quality standards by September 15. A...

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...

Gulf Restoration Network v. McCarthy

The Fifth Circuit reversed and remanded a lower court decision ordering EPA to determine whether new water quality standards were necessary to control nitrogen and...

Friends of Merrymeeting Bay v. Hydro Kennebec, LLC

A district court, on remand from the First Circuit, dismissed environmental groups' CWA claim against the operators of four hydroelectric dams along the...

Maryland Dep't of the Environment v. Anacostia Riverkeeper

A Maryland appellate court affirmed a lower court decision remanding a stormwater management permit that the state's environmental agency issued to a county. The permit did not fall short for failing to hold the county to state water...

Pine Creek Watershed Ass'n v. United States Environmental Protection Agency

A district court held that EPA does not have a mandatory duty to review an amendment to the Pennsylvania Sewage Facilities Act under the CWA. The amendment allows the use of certain on-lot sewage systems to satisfy the state's...

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...