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Water quality standards, §303

Gulf Restoration Network v. Jackson

A district court ordered EPA to conduct a necessity determination under CWA §303(c)(4)(B) in response to an environmental group's petition asking the Agency to establish water quality standards to control nitrogen and phosphorous...

Midwest Environmental Defense Center, Inc. v. Wisconsin Department of Natural Resources

A Wisconsin court held that the state environmental agency should have considered impacts on downstream water quality when it issued a state pollutant discharge elimination system permit to an industrial dairy processing plant. An...

American Farm Bureau Federation v. United States Environmental Protection Agency

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

Virginia Department of Transportation v. EPA

A district court held that EPA cannot regulate stormwater as a pollutant under the CWA. According to the court, the language of CWA §303(d)(1)(C) is clear. EPA may set TMDLs to regulate pollutants, and pollutants are carefully defined....

Florida Clean Water Network v. United States Environmental Protection Agency

A district court remanded to EPA its determination that several provisions of Florida's "impaired water rule" are not new or revised water quality standards and, thus, not subject to approval by the Agency. An environmental group...

Florida Wildlife Federation v. Jackson

A district court upheld EPA's rule setting numeric nutrient criteria for Florida except in two respects: the stream criteria and the default downstream-protection criteria for unimpaired lakes. In 2009, recognizing that the state's...

American Farm Bureau Federation v. United States Environmental Protection Agency

A district court held that environmental groups and water associations may intervene in a lawsuit challenging EPA's TMDL for the Chesapeake Bay and its tributaries. The plaintiffs in the lawsuit argued that the TMDL should be vacated...

Assateague Coastkeepers v. Maryland Department of the Environment

A Maryland appellate court held that the state's general discharge permit for animal feeding operations complies with the CWA and state law. The general permit authorizes certain discharges but imposes requirements regarding the...

Anacostia Riverkeeper v. Jackson

A district court held that EPA's approval of a sediments and total suspended solids (TSS) TMDL for the Anacostia River in Maryland and Washington, D.C., was arbitrary and capricious. When developing a TMDL for a particular pollutant,...

Lake Carriers' Ass'n v. Environmental Protection Agency

The D.C. Circuit denied trade associations' petition for review of a nationwide permit issued by EPA for the discharge of pollutants incidental to the normal operation of vessels. The associations, which represent commercial ship...