When EPA approved total maximum daily loads for the Charles River, 
but failed to require NPDES permits for persons discharging stormwater to the Charles, CLF sued. CLF alleged that EPA violated a non-discretionary duty when it failed to require the permits. Last Friday, Judge Richard Stearns dismissed CLF’s suit.
EPA’s regulations provide that it will issue NPDES permits where it:
Determines that the discharge,… More
In February, we noted that the Conservation Law Foundation and the Charles River Watershed Association had threatened to sue EPA for failing to require that “commercial, industrial, institutional, and high density residential property dischargers of nutrient-polluted stormwater” obtain NPDES permits, and for failing to make a final determination on CLF’s and CRWA’s petition that EPA exercise its residual designation authority with respect to stormwater discharges in the Charles River Watershed. … More