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necessity determination

Gulf Restoration Network v. McCarthy

ELR Case

A district court upheld EPA’s refusal to determine whether new water quality standards were necessary to control nitrogen and phosphorus pollution in the mainstem of the Mississippi River and the Northern Gulf of Mexico. The case arose...

Gulf Restoration Network v. McCarthy

ELR Case

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...

Gulf Restoration Network v. Jackson

ELR Case

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...