Inside EPA - 01/03/2020

Rejecting EPA, 9th Circuit Backs Rarely Used Legal Doctrine Requiring TMDL

December 20, 2019
Rejecting Trump administration arguments, a federal appeals court has affirmed a lower court’s ruling requiring EPA within 30 days to develop a Clean Water Act (CWA) plan to reduce the temperature of the Columbia and Snake rivers, clarifying that a controversial judicial doctrine requiring EPA action can apply to a single total maximum daily load (TMDL). “Because Washington and Oregon have conclusively refused to develop and issue a temperature TMDL for the Columbia and Snake Rivers, the EPA is obligated...

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