Ohio Judge Opens Door To New Ruling On Controversial TMDL Doctrine

November 18, 2019
A federal district court judge’s recent endorsement of a controversial judicial doctrine relating to when EPA must develop waterbody cleanup plans under the Clean Water Act (CWA) opens the door to a rare ruling affirmatively finding the doctrine applies to Ohio’s and EPA’s handling of nutrient pollution in western Lake Erie. Judge James G. Carr of the U.S. District Court for the Northern District of Ohio ruled Nov. 13 in Environmental Law & Policy Center (ELPC), et al. v. EPA...

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