User login

DOJ Launches Push To Kill Controversial Judicial Theory Driving TMDLs

April 12, 2019
The Justice Department (DOJ) is urging the U.S. Court of Appeals for the 9th Circuit to overturn a district court ruling and forcefully reject a controversial judicial theory on when EPA must develop a waterbody cleanup plan, or if the appeals court believes the theory is binding in the 9th Circuit, to find the theory does not apply to excess water temperature that is expected to be exacerbated by climate change. DOJ's arguments, laid out in an April 11 brief...


Not a subscriber? Sign up for 30 days free access to exclusive environmental policy reporting on EPA, the Trump administration's deregulatory agenda, and the pushback from the Democrat-controlled House.