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EPA Fights 'Constructive Submission' Theory Seeking To Force TMDL

November 10, 2017
EPA is urging a federal district court to reject environmentalists' “constructive submission” theory that the lack of a state-crafted waterbody cleanup plan for the Columbia and Snake rivers in Washington and Oregon means the states have abandoned efforts to craft a plan and that the agency must now impose its own plan on them. In a motion for summary judgment in Columbia Riverkeeper, et al. v. Scott Pruitt , EPA asks the court to rule in its favor, maintaining the...


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